Personal injury is one of the legal specialties that encompass torts, which involve negligence, intention, or other unlawful action that results in an accident or harm. Personal injury law offers a way for the person who is in a bad situation because of another person to hold that person responsible for medical expenses, lost wages, pain, and suffering.
What is Personal Injury Law?
Tort law is a branch of civil law which deals with all cases which involve one party being injured physically or in any other ways by another party. Such cases are commonly based on the premises of negligence which aim at the failure to act in manners that a reasonable person would in such circumstances. Being legal claims for compensation, personal injury claims involve compensation for damages such as medical bills, lost wages, and discomfort.
Types of Personal Injury Cases
Personal injury law firm covers a broad spectrum of cases, including:
Motor Vehicle Accidents:
Such cases can be when a car, truck, motorcycle or any other vehicle is in an accident and one or both parties get injured. The main reasons for the motor vehicle crashes include: aggressive driving, distracted driving, and driving under the influence.
Premises Liability:
This category contains such cases where a person gets an injury on someone else’s premises because of a condition that is hazardous or is dangerous. They include cases of slip and fall, trips and falls on account of poor maintenance or lack of warnings.
Medical Malpractice:
Medical negligence claims arise when patients are harmed by the actions or inactions of medical personnel including doctors, nurses, and hospitals while treating or attending to a patient or administrating post-surgery care among other procedures.
Product Liability:
A product liability hearing is one where someone is harmed by a product that had a dangerous design, was manufactured poorly, or did not come with adequate warning or instructions. Such cases may be directed to the manufacturer, wholesaler or the retailer of the particular product.
Wrongful Death:
These cases come up when the death of an individual is as a result of the negligence or intention of another person. Those close to the deceased can bring a wrongful death suit in a bid to recover such items as burial expenses, loss of productivity, and companionship loss.
Assault and Battery:
Exemplification of assault and battery include wrongful acts of physical aggression or acts that put the victim in apprehension of physical violence. Such scenarios may be in the line of provocation and defense, parties fighting each other, or any other way that makes intentional harm legal.
Defamation:
Libel suits relate to harm orchestrated by a third party through a publication or verbal utterances that are false. These are libel, which is defamation in writing or in printed words, seditious libel and slander; defamation in spoken words.
Components of Personal Injury Lawsuit
To succeed in a personal injury claim, the plaintiff must generally prove the following elements:
- Duty of Care: According to duty, the plaintiff must prove that the defendant breached that duty to the plaintiff by not using the required standard of care.
- Breach of Duty: In this, the plaintiff has the burden of proving that the defendant was careless in handling an activity and thus caused the plaintiff to be harmed.
- Causation: The plaintiff has to establish that the defendant’s breach of legal duty was the proximate cause of the plaintiff’s harm.
- Damages: The plaintiff must prove that they have incurred some form of injury or loss as this is a necessary element of the case and that the injury can either be tangible or intangible loss.
The Personal Injury Claims Process
Personal injury claims may be long and if you are not careful, you may end up frustrating yourself. Here’s a general overview of the steps involved:
- Seek Medical Attention: The first step is to seek medical attention for your injuries which also establishes an estimation of the damages you have suffered.
- Gather Evidence: Gather all necessary documentation associated with the occurrence, for instance, photographs, testimonies from the witnesses, and police reports.
- Consult with a Personal Injury Attorney: A good lawyer will assist with determining the likelihood of your case, dealing with insurance firms, and assisting you through the judicial system.
- Negotiate with the Insurance Company: The lawyer will work to settle your case by negotiating with the insurance company without actually dealing directly with it.
- File a Lawsuit: However, if there is no hope of reaching an agreement your lawyer may take the case to court to seek justice for you.
- Trial: If your case goes to trial your attorney will offer proofs as well as advocate in court on your behalf before a judge and the jurors.
The Role of a Personal Injury Attorney
In general, it may be difficult to set up a personal injury claim, particularly for people that are also struggling with injuries, bills, and insurance providers. A skilled personal injury attorney can provide invaluable assistance by:
Evaluating your claim:
Your attorney is in the position to give you information on how valuable your case is and your chances of being compensated.
Gathering evidence:
Your attorney can be in charge of amassing as well as collating evidence in support of your claim and in proving negligence.
Negotiating with insurance companies:
Any negotiations with an insurance company will be done by your attorney in an effort to obtain the best settlement that you can get.
Filing a lawsuit:
If the parties fail to agree, your lawyer will issue a lawsuit to seek your claim through the legal system.
Protecting your rights:
Your lawyer should always protect your legal interests at every stage of the claims procedure.
Common Defenses in Personal Injury Cases
Every time individuals make a personal injury claim there are always legal defenses that the defendant and their insurers put forward with an aim of reducing their responsibility. Some common defenses include:
Contributory Negligence:
This defense seeks to establish that the plaintiff was partly responsible for the incident hence should not be compensated fully or at all.
Comparative Negligence:
This defense undertakes to overcome apparently prima facie negligent conduct of the defendant by arguing that the negligence of the plaintiff was more than that of the defendant and therefore, the latter’s negligence should be proportionately held responsible.
Assumption of Risk:
This defense simply means that the plaintiff agreed to the risk of being harmed by engaging in a certain activity and thus cannot claim compensation.
Statute of Limitations:
This defense is put forward to show that a lawsuit was filed by the plaintiff way beyond the legal allowable time frame of any recovery.
Tips for Protecting Your Personal Injury Claim
If you’ve been injured due to someone else’s negligence, here are some tips to help protect your personal injury claim:
- Report the incident: Witnesses must do as much as it is possible to write a statement of the event and report the matter to the concerned authority or individuals.
- Seek medical attention: Make sure you are properly treated for your injuries which will ensure that your damages are well documented.
- Document everything: This is important because it will be used in recording details of your injuries, medical examination and any other thing that is relevant.
- Avoid giving recorded statements: Do not give any taped reservations to the insurance companies without advising your lawyer in New York.
- Be mindful of social media: When filling the insurance forms, ensure you are careful with social media post as the insurance companies may be monitoring your post.
- Contact a personal injury attorney: Get professional help from a competent personal injury lawyer to explain your rights and assist you in the claims procedure.
Conclusion
Personal injury law can be as complicated as it is to understand, and that is always stressful if you are facing physical and emotional abuse. Consequently, knowledge of the types of cases, the elements of a claim, and the claim process will in a way enable individuals to safeguard themselves towards getting justice and adequate compensation they deserve for their injuries. Knowing who to turn to for help can be half the battle, and it is always wise to speak to an experienced personal injury lawyer.
