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Are you a fan of some court-based TV shows like Judge Judy? If yes, you must have seen plenty of personal injury cases. The premise behind the lawsuits is quite simple. One person sues another for causing an injury.
The onus is on the plaintiffs, though. They must prove that the injury is a direct result of the defendant’s actions. It could be emotional, physical, or financial harm.
Personal injury law is pretty broad in its scope. They include car accident claims, medical malpractice, slip and fall, and truck accidents. Others are product liability, dog bites, wrongful deaths, and much more.
The same applies to areas of specialization of legal professionals. You will find car accident lawyers, slip and fall lawyers, and even truck accident lawyers that can help you in their area of expertise.
In our article, we explore personal injury law in a little more detail.
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Get a Personal Injury Lawyer to Help Your Case
Please seek the services of qualified lawyers to help with a personal injury claim. Remember, you have to prove that the defendant was in the wrong.
Let’s take the example of bicycle personal injury claims. A driver can hit you because he was distracted or was driving aggressively. You can decide to seek legal recompense for the accident.
Yet, different states have different interpretations of such laws. You must hire experienced Bicycle Accident Lawyers in Costa Mesa. They understand the nuances that characterize the various state laws. In many states, for example, filing lawsuits falls within a two-year statute of limitation.
Personal injury lawsuits can also cover product liability claims. You could suffer injuries due to design, manufacturing, or informational defects.
Personal injury lawsuits can take a significant time to resolve. The process is complex and requires an expert lawyer to help navigate the justice system. A good lawyer will also tell you whether the case you are bringing is worth a lawsuit. Not every case that lands in court will result in compensation.
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Filing a Personal Injury Lawsuit: Basic Requirements
You need to fulfill several requirements before filing a personal injury lawsuit.
- The case must fall within the statute of limitation as per state guidelines. The best advice is to seek the services of a lawyer immediately after the injury occurs. Let’s go back to the case of the car accident. Avoid talking to any other parties without the express permission of your lawyer. What you, for example, tell the police could impact the outcome of the case.
- There has to be proof of injury, either physical or emotional. Immediately after the accident, seek medical advice. Call your car accident lawyer once you get to the hospital. The medical personnel will document the injuries. They will then present them to you or your lawyer on request. Such could provide critical information if you decide to go ahead with the lawsuit.
- The case must be against a defendant who you must prove is liable for the injury.
- You should have proof of the negative impact of the personal injury. It could be in the form of monetary loss due to the injury.
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Intentional Versus Unintentional Injuries
You can file a personal injury lawsuit for intentional and unintentional injuries. But the main thing you must prove is negligence on the defendant’s part. How? Well, we will explain this better with some examples.
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Slip and Fall Claims
Let’s take the example of slip and fall accidents. You walk into a shop floor and slip on a wet area. The cleaning crew did not put up a sign showing that they were wiping down the site.
You now have a broken arm arising from an unintentional act of negligence. A qualified lawyer can file a premise liability claim against the shop owner. The latter should have taken the necessary measures to put up signage.
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Medical Malpractice
Another type of negligence case is medical malpractice. Health professionals must take the necessary care when diagnosing, treating, or managing patients. They will be liable for medical malpractice suits for any injuries arising during the delivery of such services.
One of the largest planes ever awarded to a plaintiff was in Prince George’s County in Maryland. The judge awarded Erica Byrom $205 million in 2019. Her infant daughter has to live with a serious brain injury due to birth complications. Erica’s team proved that the doctor’s information on her pregnancy was inaccurate.
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Intentional Torts
Intentional torts are the most difficult to prove. You must show that the defendants knew what they were doing and did not take reasonable care to avoid injury. Let’s say you were cycling, and a truck driver hit you because he drove through a red light.
The truck accident attorney must prove the driver chose to ignore the lights for whatever reason. True, the truck driver did not mean to hurt you. Yet, the intentional act of ignoring the lights resulted in harm. That is what your truck accident lawyers must prove.
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Emotional Distress
Mental anguish or emotional distress focuses on psychological rather than physical injuries. Like in the latter case, it could be due to someone’s intentional act of negligence. The result could be feelings of shame and humiliation. Others are anxiety, stress, or even self-distractive thoughts.
Sexual harassment claims are a good example. A colleague could be harassing you, and you report it to management. Your employer has the legal duty to investigate the claim. He must then take appropriate steps to avoid the harassment. If they don’t do this, you can file a lawsuit for emotional distress against the employer.
Other types of personal injuries you can file for include:
- Physical injury covers disabilities or illnesses due to a defendant’s negligence
- A financial injury could be due to an inability to work leading to a loss of income. It also covers significant medical expenses following the injury.
- Reputation injury could be due to slander or defamation. Such could have a profound impact on your financial or emotional well-being.
- Product liability claims due to injuries arising from a defective product. The same applies to improper operational manuals, labels, or warnings.
Final Thoughts
Before filing a personal injury lawsuit, learn everything there is to know about it. The best advice we could give is to get the services of professional attorneys.
As we stated, the personal injury scope is quite broad. So look for a lawyer who specializes in your area of need. You have tons of options, including malpractice attorneys and car accident lawyers. Others are slip and fall lawyers, and truck accident lawyers, to name a few.
Professional attorneys will walk you through the process and answer any questions. They also have the relevant expertise to tackle the complex lawsuit processes.
