Tag: personal injury

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Legal Personal Injury

Why Get a Lawyer For a Car Accident That’s Not My Fault?

car accident not your fault personal injury lawyer

Have recently been in an accident that you did not cause? Well, you have the right but not the obligation, to hire legal counsel. Since you did not cause the accident, you may think that it will be easier, quicker, and least costly to file your claim yourself, rather than working with an attorney. Many people think that since the accident was not their fault, that they will have an easy case. However, this is not always the way things work out. Sometimes you will need to defend against allegations of contributory negligence.

While you certainly can file your claim without representation, you may be limited to only what the insurer feels is a fair offer. Without legal help, you may find yourself with a settlement check that does not even cover all of your medical costs. By working with a personal injury lawyer, you can concentrate on recovering from a painful and traumatic accident, as they take care of the case and the filings.

How A Lawyer Can Help Your Case

If you have suffered damages and losses both economic and non-economic, from an accident that someone else caused, you should not be responsible for the financial burden that their negligence placed on you. By working with a qualified attorney, you have access to a wealth of knowledge on the claims process and answers to any questions you may have. You will also benefit from their priceless professional expertise.

Your lawyer will do the difficult job of finding and obtaining evidence that helps strengthen your case. They will often get a copy of the official police report to begin. They may also speak with witnesses and gather admissible testimony. In some cases, your attorney may consult with experts and accident reconstruction resources. Doctors and other medical professionals may be consulted regarding your records, do ensure accurate case valuation.

What Types Of Damages Can I Seek?

Each case is different, but generally speaking, you will be able to collect multiple types of damages with your claim. Common damages will include:

  • Medical costs – Both current expenses and projected future costs can potentially be recovered.
  • Lost wages – If you needed to miss work, work at reduced capacity, or now have a reduced capacity to earn as a result of the accident, you may be able to seek lost wages.
  • Pain & suffering – Your injuries likely caused you significant psychological trauma. Your lawyer is experienced in adding a component for pain and suffering in monetary terms.

Your Lawyer Is Your Advocate

When you work with a lawyer, you gain an ally that fights hard for you. They are with you at each step of the claims process. They will take care of the paperwork, the filing, and the stressful phone calls. While you are concentrating on physically and emotionally recovering from your injuries, your attorney will be managing your case and negotiating with the insurer for you.

Categories
Legal Personal Injury

Personal Injury Law: Learning the basics

personal injury law

If you are injured in an accident, and the accident was not your fault, you may be able to file a personal injury lawsuit. Personal injury law, also known as tort law, is the branch of law that helps injured parties seek compensation for their injuries and damages. The overall goal of these claims are to help the injured party recover financially after suffering harm that resulted from negligent or reckless behavior.

Common Types Of Personal Injury Cases

Accidents

If someone acts with negligence, and subsequently causes injury to another party, like in car crashes, slip and fall accidents, or even cases of medical malpractice, then personal injury laws may apply.

Defective Products

If someone suffers an injury from a defective medical device, consumer product, prescribed drug, vehicle part or component, they may be able to file a lawsuit against the product creator, designer, manufacturer, or distributor.

Defamation

Personal injury laws may apply if someone causes injury and damages by making defamatory statements about another party.

Intentional Acts

If someone intentionally harms or causes harm to come to another person, they may face a personal injury lawsuit. This even includes violent crimes like assault.

How Do Personal Injury Cases Progress?

While no two cases are going to be identical, they will often have many commonalities. There are standard steps and processes that personal injury cases generally follow, and they will often include:

  • Plaintiff is injured by defendant: This can consist of nearly any act or inaction on behalf of the defendant that causes injury to come to the plaintiff.
  • Plaintiff identifies breach of duty: The duty of the defendant will often vary depending on the situation. Drivers have a duty to drive safely and follow the rules of the road. Medical professionals have a standard of care to adhere to. Management of a retail business has a duty to keep the premises clean and safe.
  • Settlement talks: This is where most cases end. If all parties agree that there was a breach of duty, the insurer of the defendant may make a settlement offer. This can often require negotiations. However, all parties are often able to reach an agreement where they are able to settle without proceeding to litigation. Settlements often include stipulations that the plaintiff cannot open further lawsuits for the same matter.

How Are Personal Injury Laws Created?

The majority of personal injury and tort laws have a history that goes back to common law. Common law is law that is created not by legislators but by judges. Frequently this happens by precedent, meaning that when a judge rules on a case, that ruling then becomes the basis for other courts to follow.

This is often seen in lower courts following the ruling of a higher court. This is not to say that common law is the only source of laws dealing with personal injury. Many legislators and states have passed laws dealing with personal injury and workers’ compensation.

Categories
Legal Personal Injury

Personal Injury Examples: Do You Have A Case?

Personal Injury

Many people hear about personal injury cases and wonder if they may have a claim that qualifies. There are many different types of accidents that may precipitate a personal injury lawsuit, such as auto accidents, slip and falls, and many others. If you were injured in an accident that was not your fault, then you may be able to file a personal injury claim against the responsible party.

Personal injury cases nearly always stem from an accident that was caused by someone else’s negligence. This can be negligence by way of action or inaction. Simply put, the accident can be caused by someone doing something they should not do, or not doing something that they should do. This negligence causes a breach of care, which can make that party liable for any damages that result.

Common Types Of Personal Injury Cases

Personal injury law is a very broad area of legal practice that includes a wide variety of situations and potential injuries. While there are a large number of potential causes, some of the most commonly encountered claims will include:

Car Crash

Being injured in an auto accident that is not your fault can lead to severe injuries, massive damages and losses, and even the possibility of permanent disability or disfigurement. The plaintiff will need to show documentation proving the injuries, insurance, and a police report that details the events of the accident.

Product Liability

If you are using a product in its normal and intended manner, and the product was defective, causing you injury, you may be able to seek compensation for those damages. Provided the injury did not occur while using anything that could be considered “unavoidably dangerous” you may be able to file an injury claim.

Slip And Fall Incidents

Slipping and falling, whether inside a business or on an outdoor property, the resulting injuries can be devastating. There can be broken bones, dislocated joints, or any number of soft tissue injuries. These cases can vary significantly depending on the circumstances under which the injury occurred.

Medical Malpractice

You may have a claim for medical malpractice if you have suffered an injury due to the negligence, recklessness, or inappropriate treatment, of a doctor or other medical professional. Often the basis for these cases rests on being able to prove the doctor or other medical professional’s deviation from acceptable standards of care or otherwise taken incorrect or negligent actions while administering treatment.

Wrongful Death

A wrongful death claim can be pursued if a family member died as a result of the negligence of another party. This is often the type of claim you would file if your loved one died in an accident at work, or when filing civil charges against someone to inflicted intentional harm serious enough to cause death. Examples of a wrongful death lawsuit would include an unmarked construction site, employer OSHA violations resulting in a fatal accident, or recovering damages from an assault or battery event.