Personal injury cases allow injured individuals to seek monetary compensation for harm caused by someone else’s negligence or wrongdoing. To succeed in such a claim, the injured party must prove the defendant’s legal liability for their injuries. When liability is established, the court may order the defendant to compensate the victim for their losses. While motor vehicle accidents are among the most common personal injury cases, this blog will delve into other frequent types of personal injury incidents and the key factors involved in pursuing these claims.
The Typical Personal Injury Claims
There are various personal injury claims across the sector. They include:
- Motor vehicle mishaps (including motorcycle accidents and truck crashes)
- Slip-and-fall mishaps
- Nursing home harm (including abuse and fall injuries)
- Medical malpractice claims (surgical errors, misdiagnosis, and birth injuries)
- Premises liability for an owner or renter’s threatening property situations
- Dog bites and other animal attacks harm
- Product liability claims for defective item injuries
- Workplace injuries like fall mishaps, crushing injuries, and harmful exposure
Most times, workers’ compensation covers workplace injuries. Thus, it does not go through the personal injury route.
The injured victim does not need to establish negligence in a worker’s compensation case. However, you are only entitled to medical costs and lost earnings.
Typical Injuries in a Personal Injury Mishap
There are varying degrees of injury in a personal injury matter, ranging from minor to permanent disabilities. The severity of the harm influences your compensation amount.
Auto crashes, sports accidents, and medical malpractice matters can trigger severe injuries, including broken bones, spinal cord injuries, paralysis, traumatic brain injuries (TBI), limb loss, and whiplash. Accidents that cause permanent injuries can make you get compensation for continuing physical therapy, home and car modifications, and anticipated costs of medical treatment.
Understanding a Wrongful Death Matter
An injury victim who does not survive the motor vehicle crash cannot file a personal injury claim. However, their surviving family members can still hold the negligent defendant responsible for their ill act through a wrongful death claim.
The plaintiff can recover compensation for burial costs, funeral bills, loss of companionship, and loss of support. They can also get damages for loss of benefits.
How to Handle a Personal Injury Issue
If you want to litigate, you need a reputable personal injury lawyer to help you prepare your case. However, about 95 percent of personal injury issues end through negotiation settlements.
When you settle with the defendant, you agree to drop the legal claim for an agreed amount. Many people prefer the settlement route because it is quicker, less stressful, and cheaper than litigation.
You must prove that the defendant was negligent and their negligence is directly responsible for your injuries to win a personal injury case. Specifically, you must establish these four elements in your argument:
- That the defendant owed you a role of care
- That they violated the role by acting negligently or illogically
- Their failure to act reasonably led to your injuries
- They are liable for your losses
However, not every personal injury case is based on negligence; some are due to the defendant’s intentional acts. You can institute an intentional personal injury claim for defamation or assault.
Also, a defendant can be strictly liable for your harm even when they did not act negligently. An example is a product liability claim when a manufacturer sells a defective product.
Racing Against Time in a Personal Injury Claim
Every state has a statute of limitations for filing a personal injury lawsuit. The statute of limitations is the time limit a jurisdiction allows a victim to institute their claim.
“Although the deadline differs across states, it is two to three years in most places. However, a few states give just one year for filing a personal injury lawsuit,” says Frank Tomeny III of Tomeny Best.
You can extend the deadline in some situations, specifically when the injury claim involves a minor, or you did not discover the injury immediately.
It is advisable to contact your personal injury attorney immediately after an accident to act promptly. Acting behind schedule will make you forfeit the opportunity to recover compensation from the at-fault party.
The Need for a Personal Injury Attorney
Filing a personal injury lawsuit without legal representation can be a daunting and complex process. State laws and court procedures are often difficult for non-lawyers to navigate, and strict deadlines make timely action essential. That’s why having an experienced local personal injury attorney by your side is crucial.
A skilled attorney will thoroughly understand your case, explain your options, and provide a clear picture of the potential outcomes. They’ll offer practical solutions tailored to your situation and use their expertise to negotiate with insurance companies to secure fair compensation for your losses. With the right lawyer, you can focus on recovery while they work to achieve the best possible result for your claim.
