Personal injury refers to mental, physical, or emotional harm. The idea is that you should be compensated for the damages that you have suffered. In case a person gets hurt as a result of another party’s carelessness, he or she can file a personal injury lawsuit against the offender. Victims of personal injury can seek monetary compensation from the party responsible for the injury.
Examples of personal injury claims include medical malpractice, legal malpractice, use of defective products, car accidents, dog attacks, wrongful deaths, slip and fall injuries, workplace illnesses and injuries, and motorcycle accidents.
Personal injury lawsuits when meticulously prepared, act as a deterrent for future acts of negligence. Personal injury lawsuits consider all facets of the injuries, such as physical suffering and financial adversity, not to mention the mental torment experienced by most victims who suffer from personal injuries. The compensations demanded by these lawsuits will help the sufferers regain their normalcy as effortlessly as possible. It’s important to seek the advice of an experienced personal injury lawyer in your state to strengthen your lawsuit.
Seeking the services of a lawyer will help the victim seek maximum recompense from the individuals responsible for perpetrating injuries on them. If you have decided to file a lawsuit against someone, you must get yourself a credible, reputable, and good lawyer to defend you in court. Take note that even if you’ve seen what the defendant did to you with your own eyes, he or she is still innocent until proven guilty.
Knowing that, make sure that all your statements are detailed, clear, and, most importantly, accurate. The clearer your statements would be, the higher your chances of winning the case.
If you are a victim of another person’s negligence or actions, and you need to file a personal injury lawsuit, it’s important for you to know the following.
- There is a given time span within which one should file a personal injury lawsuit. It’s recommended that one should file a lawsuit quickly when the injury happens.
- Look for a seasoned lawyer with a reputed track record. Do your research and find out who you are filing a lawsuit against. A lawyer who is experienced in such cases has got the know-how when dealing with such cases.
- When seeking a lawyer, identify one whose specialty is in personal injury claims.
- Not all cases go to court. You may seek the services of a lawyer to plead your case, and it is your lawyer’s goal to make sure you get a good settlement. Often, an attorney will work to get that financial compensation by settling out of court. With the proper evidence and testimonies, he/she can make this happen, but often an attorney will not push going to court unless the defendant is adamant about not paying.
So, what are the legal grounds for a personal injury claim?
Liability
Legally, it means the other party owed a duty they breached, such as driving at a reasonable speed or yielding the right of way. The physical evidence of how the accident occurred along with statements of the most credible witnesses will control the question of proving INJURY LIABILITIES.
Causation
The grounds are primarily based on the idea of negligence. A person can have a cause to file a personal injury claim if he/she can prove “strict liability.” For instance, a manufacturer of a defective product is to be held responsible for the risks and dangers the product posed to the customer.
Damages
As soon as you and your lawyer deliberate injury liabilities and negligence, the compensations’ subject must be assessed. Damages constitute both physical and intangible losses. Physical losses are your monetary losses which, must be paid. This requires your lawyer to fully understand your medical expenses and any other medical intervention that your doctor recommends might be required in the future.
To prove lost earnings and earning capacity, your lawyer needs to obtain evidence of your income and seek a professional who could ascertain the possibility that you will lose your earning capacity due to the injuries suffered.
Preparing a strong personal injury lawsuit requires enormous experience and expertise. One requires the help of a qualified personal injury attorney like the ones from Stambaugh Law to help you file a convincing personal injury lawsuit.
