How do I know if I have a personal injury claim?
Who can be held liable in a slip and fall case?
I just had an accident, and want to file a claim for my injuries. What should I do?
But what if the accident was partly my fault?
What type of damages can I recover from my personal injury claim?
Should I cooperate with the insurance company?
What is the statue of limitations for filing a personal
injury claim?
What is personal injury?
Personal injury law, or tort law, protects the rights of victims
of negligence, recklessness, malpractice, and the inaction of
others. A personal injury is any physical or mental injury to a
person as a result of someone else’s negligence or harmful act.
Here are some of the most common accidents that result in a
personal injury:
How do I know if I have a personal injury claim?
In order to have a personal injury case, you must be able to
show that you have been injured – either physically or, in some
cases, emotionally. Also, you must be able to prove that someone
else – the “defendant” – caused your injury under a negligence,
strict liability or intentional misconduct theory.
Who can be held liable in a slip and fall case?
In slip and fall cases, there are often a number of people or
entities that may be held responsible for someone's injuries.
For instance, if a business rents space from a property owner,
both the property owner and the tenant (the business) may be
named as defendants by someone injured on the property. In that
case, the tenant is known as a possessor of the property, and
has a duty to use reasonable care to prevent injury to those on
the premises under its control. A possessor might also be a
party who manages or maintains the property, such as a
management company.
I just had an accident, and want to file a claim for my
injuries. What should I do?
First, get prompt medical treatment for any injuries you may
have. Then, call a personal injury attorney. He or she can help
to protect your legal rights, but proper medical care should be
your first priority. Here are some additional steps to help you
obtain a fair settlement, or help your claim process proceed
more efficiently:
What does ‘negligence’ mean?
Negligence is the failure to exercise reasonable care in a
situation that causes, or contributes to an accident. For
example, tailgating – following a car too closely – is
considered negligent behavior. If the car in front of you brakes
suddenly and you hit that car, you are at fault.
But what if the accident was partly my fault?
Even if an accident or injury was partially your fault you may
still have a personal injury claim, based on the concept of
contributory negligence or comparative negligence. The term
contributory negligence describes the actions of an injured
person that may have also caused that person’s own injuries. For
example, someone who ignores a “No Running” sign in the mall and
trips and falls while running may be found to have been careless
and at fault for any injuries suffered.
Comparative negligence means that the fault of all parties is
compared, and the amount of damages to be paid is reduced by the
percentage of his or her own fault. In doing so each person is
held accountable for the amount of damage that their negligence
caused.
What type of damages can I recover from my personal injury
claim?
That depends on the type and extent of your personal injury. The
two main types of personal injury damages you may be eligible
for are compensatory (actual) damages and punitive (criminal)
damages. The damages may include the following:
Should I cooperate with the insurance company?
If you've hired an attorney, you should resist talking to any
insurance company other than your own and instead refer the
insurance company to your attorney. Avoid any written or
recorded statements with out the approval of your attorney
because they could later be used against you. Do not sign an
authorization allowing the insurance company to obtain your
medical records. With out an attorney first reviewing the
release, you might be enabling the other insurance company
access to personal information.
What is the statue of limitations for filing a personal
injury claim?
It varies by state, but usually ranges from 1 to 6 years. There
are different statutes of limitations defined for each type of
personal injury claim. Different timelines apply to negligence
cases v. professional malpractice claims; property damage v.
wrongful death lawsuits; medical malpractice claims v.
pharmaceutical litigation cases.
In some instances a statute of limitations can be extended based
on a delay in the discovery of the injury. For example, some
illnesses may not be diagnosed for years after exposure to a
harmful product or chemical. To obtain more details regarding
statutes of limitations that may apply to your case, consult
with an experienced personal injury lawyer.
Why should I hire a lawyer?
A personal injury lawyer will provide professional legal
representation to obtain the maximum amount of compensation for
your injuries, consistent with the nature of your injuries and
losses. An experienced personal injury attorney will investigate
the circumstances in which you were injured, identify all
negligence parties, interview any witnesses, and define a
strategy to hold accountable those responsible for your injury.
Additionally, a lawyer can investigate all sources of recovery
