Updated 3/30/22.
When involved in an accident, the victim may obtain injuries. However, personal injury victims may have different injury degrees that may require a different amount of financial compensation. When accidents occur, life becomes the prime consideration. Injuries are life-threatening, and you must visit the nearest hospital soon. Request a whole-body physical evaluation and brain scans if you feel your headache. A personal injury attorney will need the medical reports to proceed with a compensation plan. It also acts as evidence that the injury resulted from the accident. Typical personal injury payouts are fair when you have your injury lawyer represent you. Also, your attorney knows how to attain the best accident injury payout for you.
When accidents occur, you may panic and feel no pain because of the incident. If you feel okay, ensure you take enough evidence from the crime scene and take pictures of the irresponsible driver’s insurance company. Proceed to the nearest hospital for a physical evaluation. It will be unfortunate to discover an injury later when a lot of time has elapsed. The insurance company may refuse to compensate you and claim that it’s possible that the injury was due to another possible cause and not due to the accident. After a physical evaluation, you can contact a reliable attorney if there are any injuries.
If you have suffered an injury and it is the fault of someone or something else, you may need to start thinking about filing a personal injury claim. Personal injury claims can consist of anything from medical malpractice to an auto accident- basically anything that caused you harm because of someone else’s negligence, strict liability or intentional wrongdoing. The different types of personal injury claims can vary and really couldn’t all be named here but speaking to a personal injury lawyer will help you get a clearer picture of whether or not you have a case.
Basis for Personal Injury
Negligence- This is the most common reason that a personal injury case will go forward. If someone is not paying attention, doing something they shouldn’t or is otherwise neglecting their responsibility and as a result, you get hurt, it would fall under this category.
Strict Liability- This is when an injury is caused for a product that is defective. All that is need to be shown is the product itself and how it was made or put together in a way that made it dangerous when it was used according to the directions.
Intentional Wrongs- This is when an injury is caused on purpose. For example, someone beats you up, you are wrongly detained, etc. Sometimes these cases can be criminal. Assault and battery is an example of that.
Filing a Lawsuit
If you choose to file a lawsuit, you will need to have a lawyer to represent you and the accused party will also need a lawyer. These lawyers act as mediators in personal injury claims. There will need to be evidence and documents exchanged that prove that the other party was in fact negligent. There may be interviews and depositions or statements needed during this discovery process. The nice thing about personal injury claims is that only a small percentage of cases have to go all the way to trial. Usually, the two parties can agree on a personal injury settlement without having to go through the pain and expense of a full on trial.
Winning a Lawsuit
If you win your lawsuit, then you will be award damages for your injuries in the form of money. The amount that you get will depend on medical bills, any lost wages that have already occurred or future lost wages. There’s also compensation included for any physical and often, emotion pain and suffering. If you have been disabled or disfigured because of the negligence, that will also be accounted for. Winning your lawsuit doesn’t just happen in front of a judge or jury however, it can also mean that the other party settled. When the accused settles, they are accepting liability and guilt. If you are offered a settlement, your lawyer will be able to advise you on whether or not a trial would be more successful than the amount that you are being offered. Should you accept the settlement, the case will be closed and no trial needed.
The Other Party’s Punishment
Personal injury cases are civil cases, not criminal. This means that the specific person that caused the injury will not do any jail time. If they work for a company that caused you the harm or if it happened during a car accident, usually their insurance will be the one that gives you the money. If a jury determines that the person intentionally harmed you then punitive damages can be awarded that will directly affect the person, but this is a very rare scenario.
If you think that you may have a case, then you should immediately contact an attorney and lay out the details and the proof and find out if you could win. The sooner you do this, the better as there is a limited time between when the injury occurs and when you can make your claim. Be sure to listen to your attorney however. If you have been harmed, it’s easy to get gung-ho on how things should be handled but your lawyer will be able to take an objective look at your case and let you know if this is something that should be pursued or if you just need to let it go.