Have you suffered an injury that was not your fault? If so, then you could be entitled to compensation. All you need to know is what kind of personal injury you have suffered.
Once done, you can proceed with your claim. Below, we ask the question “What is a personal injury?” and what you can do to move it forward.
What Is a Personal Injury?
A personal injury is when harm is brought to an individual, either physically or financially. This harm must have been brought to you, or the responsibility must lie, with another party. This means that personal injury cases always have two parties.
The two parties are known as the plaintiff and the defendant. The plaintiff is the person bringing the case, who has been injured. The defendant is the party accused of bearing the responsibility for that injury.
Very often, the plaintiff will be seeking financial compensation. A defendant may be an individual or a group such as a company. As the plaintiff, it is your responsibility to prove that the injury you sustained was the fault of the defendant.
Types of Physical Personal Injury
Auto accidents are one of the most common causes of physical personal injury. Even seemingly minor collisions or auto accidents can see people with long term health problems. There are a huge number of reasons they may occur.
Usually, an auto accident will be a claim against either an insurance company of the person who caused the accident. However, it could also be against the manufacturer of a vehicle if the car itself has a problem.
Workplace activities are another common form of personal injury claim. They are usually for accidents that could have been avoided when the blame is assigned to someone working within that company. It could cover injuries as wide-ranging as cuts and sprains to injury by equipment and machinery.
One type of physical injury could be medical malpractice. This may be when a health professional has not acted out their duty of care. This could be from administering wrong prescriptions or dosages, accidents during operations, providing poor advice, or failing to diagnose medical issues.
The final type of physical injury is a catastrophic injury. This is when a person’s physical or mental well being has been significantly or irreversibly changed.
Other Types of Injury
Claims can also be made for financial injuries. The most common of these is consumer fraud. This is when a broker or advisor has made unsatisfactory decisions on the behalf of the plaintiff and may include complications with exchange-traded funds, unlawful termination, or insurance fraud.
When Should You File a Case?
If you have been injured and suffered as a result, you will have a claim for personal injury if the blame lies with someone else. You may have had large medical bills that require recompense, or a loss of income or power to earn. It will also include any ancillary expenses, for example, if you needed to hire transportation due to the injury or loss of a vehicle.
Compensation will also come from emotional trauma. Any suffering, emotionally or physically, is cause to file a personal injury claim. This may also run to a significant lifestyle change, such as a loss of independence.
What Will a Personal Injury Lawyer Do?
A personal injury lawyer will know how to approach your case, what evidence to amass, and the amount of financial compensation you can expect to seek. Their first task will be to evaluate the claim and let you know if you have a case that has enough evidence to go to trial.
Once they have done this, they will start the process of gathering evidence. This could be witness reports, police statements, and photographic or video evidence. They will be aiming to first prove that injuries actually occurred and secondly, that the defendant was to blame.
They will then begin to negotiate with insurance companies. Much of the financial burden and responsibility lies with insurance companies, so you need a professional to deal with them. They will have expert staff, trained in giving out the least amount of money possible, or often none at all.
Your personal injury lawyer will then prepare the hearing. They will request information from the defendant and finally, they will represent you during the trial.
Statutes of Limitations
If filing a personal injury claim, you must be aware of the statute of limitations. These are laws that decide how long after the incident you have to file a claim. The statute differs from state to state, so to ensure you do not miss the deadline, claims need to be filed swiftly.
Finding the Best Personal Injury Lawyer
When finding the best personal injury lawyer, find a specialist in personal injury claims. If you get a lawyer who works across the board on any cases, they may not have the necessary experience and expertise a specialist will do.
Be sure to check their reviews, either online or through discussion with people who they have represented before. Finally, make sure they have experience in a wide range of personal injury claims.
Now you can answer the question “What is a personal injury?” then you know how important it is to get the process right. File a claim quickly, and employ a personal injury lawyer to get you the compensation you deserve.
If you are filing a personal injury claim in the Florida area, then Dawson Law Firm should be your first stop. Click here for your free case review and let us get the compensation that you rightly deserve!