Injuries can be catastrophic and even more when it was caused by someone out of spite or due to another person’s negligence. These injuries can translate to heavy losses for the victim who could suffer from irreparable financial damage. But the US civil law has provisions by which a victim can legally recover the damages caused by the injury. Consulting and working with a personal injury lawyer are the best ways to effectively recover the damages you rightfully deserve.
What is Personal Injury Law?
Personal injury law falls under the civil law and the term refers to the legal remedies and defenses an individual has when a lawsuit is brought by or against them in the court of law. These types of cases are known as tort, a term derived from a Latin word meaning twist, harm, or wrong. Unlike criminal law, a tort action does not result in the government prosecuting the wrongdoer. Rather, the tort action involves the victim or the plaintiff, the individual who has been injured, seeking compensation for the damages incurred due to the defendant’s actions. Unlike other areas of law that have clearly defined statutes that dictate the legal decisions, personal injury law has developed through court decisions and legal treatises written by scholars. Numerous states in the US have tried to summarize and formalize personalize injury law by creating specific statutes. However, the decisions given in personal injury lawsuits are largely based on past court rulings.
Most personal injury lawsuits are based on the doctrine of negligence. This means that each member of the society is expected to act responsibly to avoid putting anyone at risk. This does not mean that every time an individual sustains an injury it should be attributed to negligence. Some accidents and injuries are unavoidable. To establish that the injury could have been avoided, a plaintiff needs to prove that a prudent person in place of the defendant would have acted in a way that could have prevented the accident or incident. The court then uses the past instances and proof presented in court to evaluate the damages to be awarded to the plaintiff. You can learn more about
how to evaluate the damages for your injuries here.
Types of Personal Injury Cases
Some of the most common personal injury cases that result due to negligence are:
Motor Vehicle Accidents
One of the most common types of personal injury cases is motor vehicle accidents. Motor vehicle accidents are a result of negligent behavior on part of a driver. These accidents can involve cars, trucks, bicycles, or even pedestrians. Negligent drivers should be held financially accountable for not following rules. So, if you have been in a car, truck, or bicycle accident and have sustained injuries due to negligent behavior on someone else’s part you may be entitled to compensation for the damages you incurred.
Medical Malpractice
These types of personal injury cases arise when a doctor or healthcare worker uses treatments that do not follow the medical standard of care and harm or injure the patient. It is important to note that unsatisfactory result due to a specific form of treatment does not qualify as medical malpractice.
Slip and Fall
Property owners are legally obliged to ensure that there are safe and free of any hazards that can injure or harm people on the property. Not all injuries will lead to the owner being held liable. Besides this, the landowner’s legal obligation and duties are subject to state laws and the situations that led to the accident.
Defamation
Defamation also falls under the personal injury category. In this type of personal injury cases, an individual’s reputation suffers damage due to the defendant’s untrue statements or claims.
Product Liability
Products with defective designs can injure you and cause you significant financial loss. Lack of warnings or improper operational manuals can also lead to serious injuries and even death. Responsible parties for such products are businesses, individuals, or marketers who are involved in the manufacturing, design, distribution, and marketing of such products. They are legally obliged to disclose any harmful effects the product can have on consumers and can be held liable for their mistakes.
Other Types of Personal Injuries
Besides these, other personal injuries are dog bites, nursing home abuse, brain injuries, birth injuries, asbestos exposure and mesothelioma, burn injuries, and boating and aviation accidents.
Overview of the Personal Injury Lawsuit Process
A typical personal injury lawsuit process involves the following phases:
Discovering the Injury and Receiving Medical Help
If you have sustained or recently discovered an injury, the first thing you should do is visit a doctor. It is not only necessary for your well being but an important step to document the injury and evaluate the damage caused due to it. In case you delay your visit or consultation with a doctor, it can weaken your case and stance in a personal injury lawsuit.
Consulting a Personal Injury Attorney
Hiring a personal injury lawyer is the best way to go about the process. It is essential that you get your case evaluated by an expert before going forward. If you have sustained a serious injury, have been out of work for more than two days due to the injury, or spent thousands of dollars in the treatment of the injury then you should consult a lawyer to ensure you recover the compensation you deserve.
Evidence Collection and Fact-Finding
In this phase, your personal injury lawyer will interview you and help you collect the evidence required to strengthen your claim. Your attorney will review your medical records, bills, and evaluate the losses or financial damages you incurred due to the injury.
Negotiations and Discussions
The majority of personal injury cases are settled before they go to trial. During this phase, your personal injury attorney will make a demand to the lawyer of the defendant or their insurance company. The demand letter is drafted after evaluating the extent of the injury and the other consequences that are caused due to it. The submission of the demand letter will start a series of negotiations between your personal injury attorney and the defendant’s insurance company or lawyer. If a settlement is reached, you will receive the agreed-upon compensation. If you and the defendant fail to come to an agreement, the case will move into the litigation phase.
Filing of the Personal Injury Lawsuit
The filing of the personal injury lawsuit marks the beginning of the litigation phase. The time it will take for a case to go to trial varies from state to state. Typically, it takes a case a year or two before it goes to a trial. However, you are required to file a case within the statute of limitations of the state the injury occurred in.
The Discovery Phase
During this phase, lawyers of both parties investigate each other by interviewing witnesses and requesting information from one another. During this phase, the parties collect evidence and establish facts to strengthen their respective case.
Negotiation and Mediation
As soon as the discovery phase will end, your personal injury attorney will begin negotiating a settlement with the defendant’s lawyer. Your case may or may not reach a settlement during this phase. There are chances you and your personal injury attorney may opt for getting help from a neutral third-party who will mediate and try to resolve the case.
Trial
If you fail to reach a settlement even after mediation and negotiation, your case will go to a trial. The trial can last for a day, a week, or even longer. Trials are likely to get rescheduled a lot due to a judge’s unavailability or other reasons. This should not worry or trigger you as it is a routine occurrence in this area of law.
Why Hire a Personal Injury Attorney?
Hiring a personal injury lawyer is the best way to ensure you recover the compensation you rightfully deserve. If your injuries are minor then you may be able to handle the case on your own. Hiring a personal injury lawyer will benefit you in the following ways:
- Personal injury attorneys have experience handling similar claims and knowledge of various rulings and cases that can help your lawsuit. This is a great benefit as it can save you significant time and money
- Negotiating without a lawyer can be a slippery slope for you and you can potentially lose out on a significant amount of compensation. A personal injury attorney will evaluate your losses and ensure that you receive the compensation you rightly deserve.
- You can be bullied in court by your defendant without a personal injury attorney by your side. An expert personal injury lawyer ensures your interests and rights are protected in court and levels the playing field.
- With a personal injury attorney by your side, you can settle your case quicker.
- Personal injury attorneys work on a contingency fee basis. This means that they only charge a percentage of the compensation you receive. Therefore, there are no upfront payments involved and you only pay if you receive compensation from the defendant.
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