What Is Considered a Personal Injury?

Published on May 23, 2019 at 3:21 pm in Personal Injury.

Doctor taking patient's blood pressure

Sometimes, people are harmed because of the actions of others. In some cases, the person may hold those who caused them harm accountable for their actions. They do so through a personal injury claim, which typically requires the help of a skilled legal representative. But what exactly are the parameters of personal injury?

When someone acts in a negligent manner and harms you, then they have legal responsibility for your injuries and damages. You can seek compensation for those through a personal injury case. This is handled in civil court and usually the person bringing the claim forward has an attorney to represent them.

When you’re seeking compensation, it’s typically monetary. You’ll use this compensation to pay for any bills or expenses that you’ve incurred as a result of the accident. There are many kinds of personal injury cases. Common ones include motor vehicle accidents, like car accidents, slip and fall cases, nursing home abuse, and medical malpractice.

In these cases, the other party owed you a duty of care that wasn’t meant. They were supposed to act in a way that wouldn’t cause you harm or take measures to keep you safe. When they don’t do this, their negligence or recklessness causes your injuries. The next step is to prove that their negligence is the reason why you’re hurt, which is when you’ll need the help of a personal injury attorney.

Before getting into your case, your attorney will make sure you’re within the statute of limitations. Most personal injury cases have a time limit in which you can come forward. The amount of time varies by state, but typically many personal injury cases have a statute of limitations of two years. Waiting puts your claim at risk. If you come forward after the statute of limitations has passed, your case will likely be dismissed without review.

Your attorney will work to gather evidence that connects your injuries and the other party’s negligence. They can do this by reviewing your medical documents, which will explain your injuries and any tests or procedures that were needed. They’ll also examine the scene of the accident if necessary and take photographs that can help your case. There could be physical evidence that shows your side of the story is true. Maybe the accident was caught on video, which can also back up your story. In some cases, eyewitness accounts may help you because it’s coming from a third party who doesn’t have a bias toward either party.

Some cases may require expert witnesses. These are people who are experts in their field and will most likely have similar training in the area of the party who harmed you. You attorney will have the expert witness look at how the other party treated you and ask their professional opinion of their actions. They can say how they could not have acted or treated you in that way, nor would most professionals in that field. These details help show that if the other party hadn’t been treating you or had acted competently, it’s likely that you wouldn’t have been injured.

There are a few ways for a case to reach a conclusion. Usually, the path is through an informal settlement, which involves the parties, attorneys, and insurers. They’ll attempt to reach a negotiation amount so it doesn’t have to go to court. However, if one of the parties is uncooperative and will not budge on something, then the case may take the next step to formal litigation. When it goes to court, a judge and jury can be involved. There is also the risk that the plaintiff could walk away with nothing after the court’s decision.

Reach Out to Prince Law Firm Today

It can be confusing when you’re dealing with injuries that were caused by someone else. Insurance companies could be bothering you and trying to get you to settle. With an attorney at your side, you can rest assured that your rights will be protected. Give us a call today for an initial consultation.



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