Life is unpredictable. If you’re like most people, you’ve probably been hurt. You’ve endured injuries, big and small, and you’ve managed pain. You know what it’s like to get injured. You know what it feels like to have to deal with a physical or mental problem.
Injuries are never fun. However, they’re almost unavoidable. In many cases, an accident occurs and an injury results. Accidents can range from something as a major as a car crash, to something as minor as a small scratch. Some accidents may change lives or even be fatal. Fortunately, many accidents are relatively minor.
However, what about major accidents? What about accidents that result in bad injuries? What do you do if an accident isn’t your fault?
Although many different accidents lead to similar injuries, not all accidents are the same under the law. If you have suffered an injury as the result of an accident or event, you may have a personal injury case on your hands.
What Is a Personal Injury Case?
Personal injury law refers to injuries resulting from another party’s fault. In other words, the injured party has been hurt because of the actions of some other individual, group or entity. In these cases, the injured party has the right to raise a legal dispute.
Personal injury cases are civil disputes. In other words, they are less severe than criminal cases, and require different levels of evidence.
When a personal injury case begins, the injured individual files a civil complaint against the other party. This injured individual is called the plaintiff and the other party is called the defendant. This other party may be a single person or even a giant corporation or governmental body.
It all depends on the details of the accident and injury. Some cases go to court, and some cases reach early settlement.
Types of Personal Injury Lawsuits
Typically, this type of civil lawsuit alleges that the at-fault party acted irresponsibly. It is argued that this lack of responsibility is directly connected to the plaintiff’s injury. This irresponsibility is commonly called negligence under the law.
Court proceedings before a judge determine who is legally responsible for the injuries. The at-fault party may be forced to pay extensive compensation for injuries. This monetary compensation is called damages.
In general, damages are intended to compensate the injured party for the accident endured and injuries sustained. Most damages will cover medical bills and medication costs. Damages also address work wages that are lost as the result of injury.
Injured persons may also receive damages for pain and suffering, and emotional disturbance. In severe cases, personal injury may result in death. In these cases, wrongful death damages may be paid to family members of the deceased.
There are also punitive damages. These damages are different from compensatory damages. Punitive damages aim to punish the at-fault party. These damages are typically awarded in more severe and injurious personal injury cases.
It’s important to note that not all personal injury cases go to court. In fact, the majority of personal injury disputes reach a settlement without litigation. This settlement is usually a written agreement between the plaintiff and the defendant. Insurance companies and lawyers negotiate to reach an acceptable monetary value.
When a settlement is reached, both parties agree that no further legal action will be taken. This avoids the complexities of lawsuits and court proceedings.
However, some parties may avoid both litigation and settlement in form of arbitration.
Arbitration is a commonplace alternative dispute resolution (ADR) method. Arbitration relies on the decision-making of a neutral third party. Arbitration is generally considered more efficient and less expensive than litigation.
Regardless of the type of resolution, most personal injury victims need a lawyer. A professional legal expert can help in numerous ways. With the assistance of a top injury accident attorney, injury claimants can avoid the many pitfalls of the process.
What A Personal Injury Lawyer Does
No two personal injury cases are the same. People are injured for a variety of reasons in a variety of ways. Some people incur minor injuries in a slip-and-fall on a wet floor. Other people are severely injured in car accidents. Some people are the victims of medical malpractice. Some personal injury victims were even bitten by dogs.
Again, all personal injury cases are different. The type of injury is one important factor. The setting of the injury is also important. A personal injury attorney can help analyze all aspects of the accident and injury. A top accident lawyer will also consult all necessary professional opinions.
Depending upon the severity of your case, you may require expert witnesses as well.
Why Hire An Accident Attorney?
There are a number of reasons you need the best personal injury lawyer in your area. Many states have different statutes of limitations for injuries. If you do not file your claim soon enough, you may never receive the compensation you deserve.
Accident attorneys also help in no-fault states. These state laws prohibit you from bringing a lawsuit unless your injuries are severe. Your attorney can help you prove that your injuries meet the criteria. You may need to provide extensive medical and vocational documentation.
A good accident lawyer will help you obtain all necessary paperwork and professional opinions.
Lawyers can also help you obtain additional compensation. Even if you’ve reached a maximum insurance settlement, you may still be able to recover more money from the defendant personally. Your injury accident lawyer can help you pursue any and all damages deserved.
Do not forget, there are many types of damages. Some damages are easier to prove than others. In some cases, small injuries may become more severe long-term. A good lawyer can ensure that you reach a settlement that is full and fair.
In some cases, you are entitled to damages you never even considered. Some personal injury victims actually receive compensation for what is called “loss of consortium.” This form of compensation is awarded when there is a demonstrable loss of love, sexuality or services among spouses. A top lawyer can help prove this important loss.
Personal injury victims should also recognize the importance of negligence. Negligence is a concept that forms the foundation of most personal injury cases. Generally, negligence is the failure to act reasonably to prevent harm to others.
However, proving negligence can be difficult. A top lawyer must establish multiple links to show that the defendant party acted negligently.
Every party is said to have a ‘duty’ to act with reasonable care. An attorney must first show that the defendant breached that duty by acting irresponsibly. Then the attorney must show that this breach led to an accident. After this, the accident lawyer must demonstrate that the accident led to injury. Finally, it must be shown that the injury is directly related to damages pursued.
Every personal injury case has different standards. The standards of reasonable care applied to a dog owner are different than the standards of reasonable care applied to a medical professional.
This process can be difficult and lengthy. Personal injury victims should not take it for granted. A plaintiff deserves the best personal injury lawyer available.
Overall, most top legal representatives work on a contingency-fee basis. This means that the lawyer is only paid if compensation is awarded. Lawyers will take a percentage of money won. These percentages may vary depending upon the stage of the settlement or lawsuit.
Personal injury victims should not delay.
If you or someone you know has suffered injuries in a personal injury case, it’s time to act. Contact a top legal representative today.