Typical Personal Injury Accidents
In a personal injury lawsuit, the victim can sue to recover monetary damages for various losses, including medical expenses (past and future), lost wages, pain and suffering, and property damage (if applicable). To win a personal injury case, you must prove that the defendant is legally responsible for your losses. The defendant will pay for your damages when the court finds them liable.
The most typical personal injury case type entails vehicle mishaps, but several other personal injury accidents exist. You need an outstanding personal injury to defend your rights and help you recover maximum compensation.
The Typical Personal Injury Claims
There are numerous personal injury claims, but the most typical ones include:
- Slip-and-fall mishaps
- Vehicle accidents
- Dog bites
- Product liability claims for defective items
- Premises liability
- Workplace injuries, such as crushing injuries, falls, and toxic exposure
- Nursing home mishaps, such as abuse and fall injuries
Workers’ compensation may cover workplace accidents instead of exploiting the personal injury route. The injured worker does not need to establish negligence in a workers’ compensation case. However, you can only recover medical expenses and lost earnings under this category.
Typical Injuries in a Personal Injury Mishap
In a personal injury case, injuries may range from minor to significant. The magnitude of the injuries can influence the compensation amount.
Medical malpractice issues, sports mishaps, and automobile crashes can lead to severe injuries like limb loss, fractures, whiplashes, paralysis, traumatic brain injuries (TBI), and spinal cord injuries.
When an accident causes permanent injuries, you can obtain damages for ongoing physical therapy, medical care, and home and vehicle adjustments.
How to Handle a Personal Injury Case
A reputable personal injury lawyer will prepare a matter as if they want to proceed to trial. However, over 95 percent of personal injury matters end in settlement.
A settlement is a victim’s consent to forgo the lawsuit for monetary compensation. Most prefer settlement because it is less stressful, quicker, and cheaper than trial.
Most personal injury matters require proving the defendant’s negligence. You must establish four factors to show negligence. You must prove that the defendant:
- Owed you a duty of care
- Violated the role by acting negligently, which a reasonable person would not have done in the same condition
- Their negligence is directly responsible for the harm
- Is legally liable for your losses
“A few personal injury cases do not center on negligence. Defamation and assault are examples of intentional personal injury claims,” says personal injury attorney William Umansky of The Umansky Law Firm Criminal Defense & Injury Attorneys.
Also, you can hold a defendant strictly liable for your losses even if they did not act negligently. A typical example is product liability claims, where a manufacturer produces a dangerous item.
Understanding a Wrongful Death Case
A personal injury victim who does not survive the incident cannot file a personal injury claim. However, their surviving relatives can institute a wrongful death claim to hold the at-fault party responsible. The compensation you can recover under this category includes burial costs, loss of benefits, funeral bills, and loss of support.
The Duration You Have for a Personal Injury Claim
The statute of limitations is the time limit the authorities allow victims to institute a personal injury claim. You cannot recover compensation if you file your case outside the statute of limitations.
However, some jurisdictions allow extensions in certain circumstances. This includes injuries you did not discover immediately and those involving a minor.
The deadline varies across states. However, most states allow two to three years to institute a personal injury claim, while a few just give victims one year. That is why you should speak with a personal injury attorney immediately after an accident.
Conclusion
It is highly challenging for a layperson to institute a personal injury claim alone. You may not comprehensively understand all the state laws, court rules, and statutes of limitations you must adhere to. However, a reputable local personal injury lawyer can seamlessly walk you through the process.
That is why you need a trustworthy attorney as you walk through this slippery path. They are expert negotiators and will defend you throughout the process.
Also Read: Common Injuries and Damages Covered in Motorcycle Accident Lawsuits