Did you know that personal injury cases are prevalent? Yes, accidents inevitably happen to a lot of people. In fact, about 1.3 billion people die each year due to road accidents. Along with these are the 30 million people suffering from non-fatal injuries every year. That is not to mention the 2.8 million injury cases in the workplace in 2019 alone.
Unfortunately, there are other people responsible for these personal injuries. Think of vehicle accidents caused by reckless drivers, workplace injuries due to employers’ negligence, and slip-and-fall cases brought about by property hazards. That is where filing a personal injury case comes into the picture.
In this article, we’ll tackle what a personal injury entails. Keep on reading to learn more about its types and the process of filing a case.
Understanding Personal Injury Cases
In a nutshell, a personal injury case opens if a person gets injured in an accident caused by another person. That said, there are two key players involved: the individual with personal injury and the party at fault.
In this scenario, you have the right to file a personal injury case against the responsible party. It can result in either reaching a settlement or filing a lawsuit. If your case prevails, the party at fault will be responsible for the costs of the injury itself and all the damages incurred. These include medical expenses, vehicle repair, income loss, and the monetary equivalence for your pain and suffering.
One perfect example is when your vehicle gets hit by another car due to a reckless driver. If the other party has high-risk auto insurance, you can file a claim and seek proper compensation from them.
Types of Personal Injury
Now, let’s take a look at the different types of personal injury. Take note of the following:
- Vehicle accident: Road incidents are common in different parts of the world. Drivers, passengers, motorcyclists, and even pedestrians end up injured on the roads. Most of these accidents have to do with car collisions. That’s why auto insurance exists for protection.
- Workplace injury: Workplace injuries come in next to road accidents. These happen to some employees or workers due to workplace hazards brought about by the employer’s negligence. It’s good that the US has the Workers’ Compensation Act set in place for employers to observe and follow.
- Slip-and-fall case: Slip-and-fall cases happen in commercial properties or business establishments. Some individuals get injured due to hazards present in commercial spaces. As such, property owners can be held legally liable for their negligence.
- Medical malpractice: Personal injuries can occur due to medical malpractices, deliberate or unintentional. These include wrong prescriptions, incorrect diagnoses, improper medical treatments, and even surgical errors. As such, you can sue the doctor for not adhering to the highest standards of medical care.
- Products liability: Personal injuries can happen to people after using defective and unsafe products. Some examples are spoiled goods, expired medications, and toxic chemicals. In this case, you can file a personal injury case against the product seller or manufacturer.
Filing a Personal Injury Case
Let’s tackle the process of filing a personal injury case. For the most part, consider the following steps below:
- Consult a lawyer: Get in touch with a lawyer first to have legal consultation. The attorney will decide if you can open a legitimate personal injury case.
- Investigate the claim: A claim investigation will ensue once you decide to file a case. Be sure to obtain the necessary paperwork such as police reports, medical bills, and evidence pieces of the accident.
- Document damages: Your attorney will document all the damages incurred due to the accident.
- Negotiate with the party at fault: Before filing a lawsuit, your lawyer will contact the responsible party. Both parties will negotiate.
- Reach a settlement: If you and the other party have a good negotiation, you can reach a settlement. The responsible party will pay the agreed amount.
- File an actual lawsuit: If the other party disputes your claim, you can bring this to the court and let them decide.
- Undertake trial and litigation: Both parties exchange pertinent information and present evidence. Lawyers will represent their clients in court.
- Come up with a final decision: After weighing all pieces of information and evidence, the court will make a final decision. If your case prevails, the responsible party will provide you with the proper compensation.
At this point, you now have a thorough understanding of the personal injury cases. Be sure to consider the valuable information discussed above. Most importantly, hire a highly reliable lawyer who can assist you in filing a lawsuit. While you don’t want to get into an accident and end up with a personal injury, making informed decisions can make a difference in your life.