This content written for Willhoite Law, PLLC
A person’s body, mind and emotions can get injured because of someone else, those injury cases come under the personal injury cases. All the personal injury cases are based on tort laws; it provides support to people who have experienced injury by the unreasonable acts of another person, object or companies. Personal Injury Attorney represents an individual who has fallen victim to a type of accident that was not their fault. In general, these types of cases are categorized into three major categories:
- Unintentional Acts
- Intentional Acts
- Strict liability
All types of negligence claims such as car accidents or animal attacks come under unintentional acts or negligence. It means the other party failed to act with reasonable care. (It may seem confusing, but that is why you hire a personal injury attorney to figure out what applies to you.) Let us assume a situation; you are driving your car and suddenly stop at a red light when another driver hits you in the rear end because he or she isn’t paying attention. If you experience serious physical injuries in the accident, those could be personal injury due to carelessness.
Intentional Acts & Strict Liabilities:
Intentional harm is a wrongful act that means a person planned to hurt you. This may include cases of assault, battery, and wrongful imprisonment. On the other hand, the third type of cases are generally based on strict liability means that anyone involved in the production, distribution, or sale of a defective product can be held responsible if the product injures someone.
Personal Injury Claims:
Most of the personal injuries claims fall into the category of Unintentional acts. When a person is hurt due to another’s negligence, a personal injury attorney is the one who you should turn to for the retribution. Accidents due to negligence can happen to anyone and they can leave you reeling from physical pain, mounting medical expenses, anxiety about being out of work, and shock that only few can understand.
No insurance company thinks about how you or your loved one came to be injured, the process of obtaining what you’ll need to recover can be tough. Whether you were hurt in a car crash, due to medical malpractice, because of defective products or from a dog bite, there will be many things to consider and legal methods to follow.
After having a critical injury or the loss of your loved ones can be incredibly challenging. You want to return to your previous happy life but you’re being kept back by insurance companies that don’t want to see you as a priority. There are frustrating systems that discourage you. After all, these companies are focused on limiting how much they pay out but the hospital bills are still coming in and you’ve already missed a lot of time from your job.
The thought of hiring a personal injury attorney for your accident and going through with a claim or lawsuit may seem like a bother. But providing for your family should not be limited because of someone else’s careless or inattentive behaviour. That’s where a knowledgeable and motivated personal injury attorney can help. You need a lawyer who not only understands what you’re going through but also maintains the skills and resources to secure the coverage that you need and deserve.
What Are Some Common Personal Injury Cases?
Personal injury claims include injuries in several different situations. Some of the common personal injury claims are:
- Slip and fall case
- Auto accidents cases
- Malpractice cases
- Pedestrian Accidents
- Defective product cases
An Accident Personal Injury Claim
Personal injury claims with injuries occur because of unintentional accidents and can involve a single claim by one party or multiple claims by many parties. Most personal injury lawsuits are based on the negligence theory.
The evidence of carelessness does not require that the party acted intentionally in order to be held accountable. Instead, accountability for carelessness is proved by showing that the party owed a reasonable amount of care to the victim.
How to Prove a Negligence Claim?
Direct and circumstantial evidences are the two types of evidences used to prove a case of negligence. Evidence that is collected from personal knowledge of a witness or from images seen in a photo or video is considered direct evidence. All the other evidence that leads to direct evidence and does not directly show proof of negligence would be characterized as circumstantial evidence.
Thus, while the person may not have directly caused an injury, it is her negligent conduct that created the conditions for the accident to occur.
Things to do After a Personal Injury
A victim should take medical assistance first because health is much important, so don’t be shy about getting medical attention. You can seek therapy, medication or surgery, whatever you and your doctors believe will help. This has the dual goal of documenting the number of your injuries, which is important because personal injury claims demand proof of injury before any coverage can be offered.
Victim should collect proof of the injuries as much as possible. Take photos and make videos with your phone if possible, you may write names of eyewitnesses, and keep all medical and insurance papers.
How Much Is Your Personal Injury Case Worth?
Typically, personal injury plaintiffs are awarded compensatory damages – a monetary award intended to put the plaintiff back in the position she was in prior to the injury. There are two types of compensatory damages: general and specific.
1) General damages
General damages like the most commonly known type are for pain and suffering. Other types of general damages are awarded for continuous disability, or disfigurement. The number of general damages will depend on several things:-
- The severity of the injuries
- Pain and suffering
- Your future medical prognosis
- Any pre-existing injuries
2) Specific damages
Specific damages, also called special damages, compensate for measurable monetary loss resulting from the injury. Specific damages cover both past and future lost wages, medical bills, and other consequential costs. The amount will depend on:-
- Amount of medical bills
- How the injuries have affected your ability to work
- How the injuries have affected your lifestyle
- Punitive Damages: Damages to Punish the Defendant
Another type of award that may be granted in a personal injury case is punitive damages. While the goal of awarding compensatory damages is to make the plaintiff whole again, punitive damages are intended to punish the defendant for wilful, wanton, or malicious conduct.