There are many things a person should know about personal injury cases. For starters, how can you know if you have a case if you don’t feel like you’re hurt? How does it take to file a claim for damages due to someone else’s negligence? What types of damages are available if you don’t file a claim? How can you pay the money back when an injury happens?
These questions are important if you want to find out what’s considered a personal injury, and if you’re suffering from one. Consulting with a personal injury attorney should be your priority once you’ve healed from these injuries.
What Is A Personal Injury?
Personal injury is an umbrella term that covers several different types of cases. In the United States, personal injury typically refers to an area of law that encompasses injuries or accidents that bring about physical or emotional harm. This may also refer to a lawsuit filed against an individual for pain and damages they’ve caused to another person. In most courts, the word is used to describe a specific lawsuit where the plaintiff has been injured physically, mentally, emotionally, or financially. In Canada, personal injury covers an individual’s rights to compensation for their physical, mental, or emotional injury, but doesn’t include rights relating to property damage or property loss. Personal injury law covers any person, company, organization, or governmental entity that has committed or is involved in negligence, resulting in a victim filing a claim.
Different types of injuries can cause people to file personal injury claims against the negligent party. These include accidents and medical malpractice cases. Accidents are classified into various categories based on how serious the resulting damage was, and whether the claimant was a witness to the accident. Medical malpractice cases are classified in terms of the extent of harm done to the claimant’s health.
The term personal injury can also refer to the type of injury a person might get while at work. In a worker’s compensation case, a claimant can argue that they’ve been injured due to someone else’s negligence. In other instances, the claimant might argue that they were injured because of a defective product or one that’s dangerous to use.
Personal injury claims are also known to arise due to negligence or failure to provide safety standards or equipment in the workplace. Personal injury law is applicable to individuals or groups engaged in professions such as construction, mining, manufacturing, transportation, construction equipment, electrical works, and construction material handling, to name a few.
If personal injury claims arise due to another person’s negligence, certain guidelines must be followed by the person claiming to be the victim. These include providing statements to insurance companies and law enforcement officials.
When a personal injury occurs, a personal injury lawyer is someone who can represent the aggrieved party in court and can assist them in receiving just compensation for damages. If you decide to work with a certain lawyer, they may ask for a retainer’s fee or a contingency fee for their services.
Factors Affecting Personal Injury Claims
The court will generally determine the extent of damage the victim has sustained, as well as how much compensation they ought to receive based on a number of factors. Among these factors are the following:
- Extent or severity of the injury
- The claimant’s physical or mental condition at the time of the accident
- How much the claimant’s ability to work has been impaired
- How much the claimant has lost in terms of wages because of their injury
In many cases, compensation in this area requires proof of material damage of a direct and lasting nature. Evidence such as physical trauma, hospital bills, physical pain and suffering, and mental anguish are all considered to establish whether a claim is valid.
Types of Personal Injury Claims
There are two main types of personal injury claims:
- Personal injury lawsuits: In personal injury lawsuits, the victim’s legal rights are primarily determined by a court’s interpretation of a defendant’s negligence and intention in the incident, with compensation awards determined by the jury.
- Compensatory personal injury: Compensatory personal injury claims, on the other hand, involve money awarded as compensation for the injuries and loss suffered as a result of an accident. This is often a fixed amount and could include:
- Cost-of-living expenses
- Percentage of the cost-of-living expenses
- Income loss
- Medical bills
- Property damage or loss
Compensation or the amount of settlement is often awarded in small increments over time.
Personal injuries are serious, and as victims of negligence, you have to be given just compensation. After an injury occurs, you should see your doctor for treatment. Even if the doctor tells you that the injury is not that serious, you should still see a lawyer to get the compensation you deserve.
There are some considerations when hiring a personal injury lawyer. You need to ensure that the lawyer is experienced in handling personal injury cases and have a good track record of procuring just settlements.