In the legal context, the phrase “personal injury” refers to tort causes of action (e.g. legally recognized reasons to file a lawsuit) whereby an individual has suffered physical injury, permanent disability, psychological distress, or injury to property as a result of an intentional act or inexcusable negligence by another individual, business, or government entity.
Personal injury, also known as “tort” law, is a pervasive field of law. It lets an injured individual be compensated in case of harm caused by someone else’s negligence. A personal injury case generally pursues financial reimbursement. The compensation helps cover damages such as lost wages and medical expenses.
If you have been injured due to someone else’s carelessness, you have the right to seek out compensation. However, it’s important to remember that not all injury that automatically results in legal liability. Below are some of the most common types of personal injury cases:
Car Accident Case
If you’re injured due to an auto accident, the party at fault is liable for damages. Often the at-fault driver’s insurance company handles the process. However, in some cases, the matter is settled in court. Whether you’re the diver, pedestrian, or passenger, you’re eligible for compensation if it’s another party’s recklessness. Therefore, seeking professional assistance from a personal injury lawyer is essential.
Often you might feel okay after an injury. However, it’s essential to seek medical assistance to check for internal bleeding. Additionally, if you don’t seek medical attention, the insurance might argue that the injury wasn’t serious. As the plaintiff, ensure you have medical documentation to show injuries sustained as well as a police report.
Moreover, properly document all the expenses incurred during the treatment processes. In case you’re unsure about a particular expense, consult with your lawyer. Expenses such as cleaning service fees incurred because you couldn’t clean due to the injury should be documented. Whenever possible, get receipts for all the expenses sustained.
Similar to drivers, medical specialists must care for you as a patient. Medical malpractice cases deal with life-changing injuries due to negligent behavior from medical professionals. If you’re injured due to a medical treatment performed or prescribed by a medical professional, you’re eligible for compensation.
Often, medical negligence doesn’t result in injury. It’s important to note that medical negligence becomes medical malpractice when it causes injury. If the doctor’s neglectful treatment necessitates further medical treatment, it’s considered a malpractice case. Misdiagnosis or failure to diagnose and surgical errors are some of the issues that can be litigated.
Sometimes, doctors, medical negligence can lead to emotional distress. In a case where a doctor causes emotional distress due to carelessness, the patient is entitled to compensation. Often people tend to compare themselves to others. However, remember, your case is different. The compensation process is complex. Therefore, hiring a trustworthy and experienced solicitor for your injury claim is vital.
If an injury occurs to you at work, seek help from the workplace’s first-aider. After, consider seeking help from the nearest hospital. Sometimes an injury might seem minor. However, even a minor injury might turn out to be a lifelong condition. Therefore, it’s essential to get a full assessment of your injury by a medical professional. First, it’s crucial to concentrate on your health.
Head injuries may result in death if not immediately attended to. Therefore, in case of a head injury, ask a work colleague to go to the hospital with you. Report the accident to your colleagues if you were alone at work. It’s a way to make sure they don’t make the same mistake you did. Secondly, when making a personal injury claim, the employer cannot dispute the accident occurrence.
Although it might sound awful, remember that an employer might persuade workers to deny the occurrence. If possible, ask a work colleague to take a picture. However, don’t post these images on social media. It’s an easy place to find information to use against you. Additionally, ask your colleagues and relatives not to post any information about the incident.
Most organizations have an accident book. Therefore, ensure your accident is recorded. Remember to keep a record of your expenses and ensure the attorney files the case on time. If your case has passed the deadline, you end up losing the chance for a hearing.
Getting bitten by a dog can result in high costs to you or your loved ones. Some dogs have the propensity to be vicious. Dog attacks can be very traumatizing. If a dog attacks you when you’re neither attacking the dog or the owner, you’re eligible for compensation. Compensation includes pain and suffering, medical expenses as well as any other damages.
The dog owner is liable in dog bite injury cases. Liability depends on several factors. In a case where you were trespassing private property, the owner is not liable. Additionally, if you provoke the dog to bite, you won’t be compensated for the bite. Make sure the evidence you’re presenting is final. If possible, wait until you’ve entirely recovered to make a personal injury claim.
If an injury occurs due to a defective product sold to you, you’re eligible for reimbursement. The product liability could like to any party in the distribution chain. You, as the plaintiff, must prove that the product was defective and that instigated the injury. If you need help with a defective product case, talk to a personal injury lawyer.
In a wrongful death, the victim’s family receives compensation. Just like other personal injury cases, you can file a lawsuit in civil court. If a loved one or family member dies due to another party’s negligence, you can seek compensation
You may be eligible for a legal remedy for both non-economic such as companionship and economic losses. Only a personal representative named in the deceased’s will can seek reimbursement for wrongful death. If no one is available, the court appoints one. The deceased’s parents, spouse, or child can file a lawsuit to seek compensation.
Again, an adoptive sibling or blood relative who wholly or partly depended on the deceased for support can seek compensation. All firms are not the same. Therefore, make sure you know the cost you pay if you win or lose the case. When it comes to personal injury, claim negligence is your enemy. Remember, this is your case. It’s okay to ask your lawyer questions no matter how stupid they may seem.
The Importance of Legal Counsel
Aside from the emotional trauma sustained in the event, getting caught up in a personal injury case can be draining on one’s personal life. This is why it is very important to find the best law firm available for your claim so that you can rest and take care, not having to worry about the medical bills, health care, workers’ compensation, and any other factors that may be racing through your mind.
We here at JT Legal operate under hundreds of different practice areas and we will be the best personal injury attorney to fight tirelessly for your case. Contact us today for a free consultation.