What is a personal injury case? This type of legal dispute occurs when there are grounds to believe one party may be to blame and therefore financially responsible for the harm suffered by another person or party.
The most common personal injury claims include:
It is important to distinguish workplace personal injury claims from workers’ compensation claims which are governed by different laws and regulations.
The legal definition of a wrongful death claim varies from state to state. Generally speaking, a claim in this category means that a person died as a result of another person or party’s negligence or misconduct. Only certain people, such as a spouse, have standing, or the right, to bring a wrongful death lawsuit.
An experienced personal injury attorney will prepare a case as if they are going to trial, knowing they have a high probability of settling outside of court.
Generally four factors need to be established to recover compensation. The injured party, or plaintiff, must show that the defendant:
The statute of limitations — the time frame allowed to file a personal injury lawsuit — will vary from one state to the next. Failing to file within the statute of limitations almost always precludes the case moving forward, unless there are unique circumstances. For this reason, it’s crucial to secure a personal injury attorney as soon as possible.
Personal injury lawsuits may take years to resolve. Having an experienced lawyer to guide you through every step of the way could be essential in understanding the process.
Injuries cost money, including time away from work, medical bills, and other complications. Before taking legal action or trying to negotiate a settlement on your own, you should talk to an attorney about your case. You can search LawInfo’s legal directory to find a local personal injury attorney to discuss the merits of your case. This one step can level the playing field, help you protect your rights, and put you in the best position for recovering the compensation that you deserve.