Have you ever hurt your ankle on the sidewalk after being pushed aside by a cyclist? Or, have you suffered through severe side-effects after minor surgery?
Well, a lot of people sustain injuries in accidents through the negligence of others. And, then they end up paying a huge amount of money for medical care to remedy their problems.
So, do you think that it's fair to have suffered pain through the recklessness of another individual, and then paying for it? No, it isn't just, to say the least. And, the best part is that the law requires you to report such cases and claim compensation from the offenders.
But, a lot of people aren't aware of their rights. Thus, many personal injury cases go unreported. And, many times, the reckless attitude of careless people goes unchecked.
What Constitutes A Personal Injury Case?
Personal injury lawsuits are legal disputes where one party suffers harm from the negligence of another party. So, the responsible person is held legally accountable to pay for the damages caused in the accident, both to property and person.
With legal representation, that is a personal injury lawyer, there can be two likely outcomes:
Informal Settlement – Under normal circumstances, most personal injury cases are resolved through an informal settlement between those personally involved in the disagreement, their insurers, and the attorneys from both sides.
The settlement usually results in a written agreement where the injured party withdraws its rights to take any future legal action after choosing to accept an agreed amount of compensation from the guilty party.
Formal Lawsuit – When an individual (the plaintiff) files a civil complaint against another person, business, or corporation (the defendant), alleging that they acted irresponsibly concerning an accident that caused harm or injury is a personal injury lawsuit.
Now, let's take a look at the most common types of personal injury or tort lawsuits.
Personal Injury Practice Areas
There are many types of personal injury cases, but the most common ones are:
Car Accident Cases
An accident usually occurs when the rules of the road are ignored. A careless driver or worse a drunk one can both cause severe damage to other vehicles or people. In such scenarios, the person responsible for the accident through reckless behavior will be legally liable to pay for the harm or injuries.
On the other hand, there are ‘no-fault' states where the drivers have to collect from their insurers unless there are serious injuries sustained by the other party.
Slip And Fall Cases
Property owners, and at times, even those who are renting a place must keep their house free of hazards. Naturally, not all injuries lead to legal liability.
The nature of the landowner's legal duty depends upon the situation and the law in place where the injury happened.
When a doctor or a healthcare professional provides substandard medical care, and the patient suffers injury as a result of the negligence, you can claim compensation through a personal injury lawsuit.
Defamation refers to libel or slander that can harm a person's reputation. The plaintiff must prove that an untrue negative statement was made, and that actual financial harm came from it. Celebrities or public figures need to go one step further to prove ‘actual malice'.
Dog owners are financially liable to pay for bites as well as other injuries caused by the dog. In some states, the ‘one bite' rule exists in which owners of dogs only have to pay personal injury damages if the dog has a history of aggression or biting.
Assault, Battery And Other Intentional Torts
Intentional torts are not based on negligence. Rather, these cases clearly show the intent of harm or injury. These cases can involve the added element of a criminal charge against the perpetrator.
Considering the different types of scenarios that an individual can face during a personal injury case, it's best to get help. In such cases, a personal injury lawyer is the one to get in touch with to provide you with legal representation.
How Can A Personal Injury Help You?
A personal injury case begins with filing a complaint, identifying the parties to the lawsuit. A personal injury complaint specifies the negligence of the defendant, alleges that the recklessness caused the plaintiff injury, and states the compensation the plaintiff is seeking.
Hiring a lawyer makes sense, especially one who specializes in the field of personal injury. The reason is fairly obvious. A personal injury lawyer understands the legal jargon and the processes involved in personal injury lawsuits.
They have the required experience to deal with the insurance companies, health care facilities, as well as the other party legal representatives and judges dealing in the personal injury case.
How Does A Personal Injury Lawyer Help In Car Accidents Cases?
When it comes to a car accident case, it's advised to hire a Personal Injury Lawyers as promptly as possible. There are too many potential facts, that can be used in a case, that may disappear such as the witness memories or skid marks.
Also, if there is a serious injury or fatality, then the stakes are much higher. The experience, know-how of legalities, the fluency of legal jargon, and other such vital aspects make a huge difference to the case.
Never go without legal representation in a personal injury case, but if there are major injuries sustained by yourself or your family members, or if there was a death, then you must get the best help that you can.
We hope that the article provided you with enough insight to understand your priorities if you have sustained harm from the recklessness of another person.
It may be so that you are not able to act for your self-interest due to an injury. We would recommend that you go for a personal injury lawyer immediately. The best place to look for a reputable one around your vicinity is the internet.