Have you or a loved one been involved in a serious accident? If so, you may be entitled to compensation. Anyone who has suffered physical, emotional, or mental harm due to the negligent actions of another may be eligible to file a personal injury claim, and we are here to help.
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Unlike accidents that cause damage to personal property, a personal injury is a kind of accident that results in direct harm to an individual. Injuries may range from mild to severe, but all personal injuries encompass some form of physical, emotional, or mental damage. Usually, these types of accidents are caused by another’s negligent actions, such as a drunken driving, an unsafe work environment, or a surgeon’s inexperience. Sadly, a large percentage of personal injury accidents end fatally.
Though each case is unique, it’s important for victims to understand they are not alone. Victims and the loved ones of a wrongful death have a right to seek legal counsel and may be eligible to obtain compensation for their injuries or losses. That’s where personal injury attorneys and lawyers step in to assist.
Why Hire a Personal Injury Lawyer?
Hiring a personal injury lawyers and attorneys can mean the difference between recovering damages following an accident stemming from negligence and walking away from the incident without ever having obtained justice. Attorneys who specialize in personal injury law fight to protect victims’ rights and do everything in their power to ensure their clients obtain the maximum compensation possible, which can include anything from reimbursement for medical expenses, wages lost following an accident, disability benefits, and loss of consortium for wrongful death victims.
Turn to a personal injury attorney if you or someone you love has been the victim of any of the following:
- Car Accident
- Truck or Commercial Vehicle Collision
- Motorcycle Accident
- Pedestrian Accident
- Boating Accident
- Elevator Accident
- Escalator Accident
- Premises Liability
- Negligent Security
- Product Liability
- Medical Malpractice
- Prescription Side Effect
- Workplace Accident
- Nursing Home Abuse
- Wrongful Death – and more
Retain Legal Counsel with a Lawyer or Attorney Today
If you have been hurt in a personal injury accident or lost a loved one wrongfully due to someone else’s negligence, do not wait to file a claim. The longer you wait to take action, the harder it can be to recover damages.
It’s time to fight for your rights. A personal injury attorneys and lawyers is ready and waiting to help you obtain justice and compensation. Contact one of attorneys today to schedule a free, no-obligation consultation.
Personal injury law
Personal injury suits are covered under the category of tort claim acts and comprise a vast majority of civil litigation in the United States. According to the Centers for Disease Control and Prevention, in 2014, there were 135,928 unintentional injury-related deaths, which is a staggering number of individuals. Personal injury cases arise when someone is injured due to someone else’s wrongful actions. When an individual either does something to cause someone’s injury or fails to do something that leads to another person being injured, they may be liable to pay for the injuries and damages that result.
In 2005, the US Department of Justice, Bureau of Justice Statistics reported that as many as 16,397 tort cases went to trial across the US. Most personal injury cases are settled outside of court, with only about 4% actually making it to trial. According to records, personal injury suits most commonly fall into three categories:
● 52% result from motor vehicle accidents
● 15% result from medical malpractice
● 5% result from product liability
There are times when accidents are just that — accidents. But when someone is at fault, it becomes a personal injury case.
What does “personal injury” mean?
Just because someone is injured in an accident, that does not automatically make for a personal injury case. There are specific conditions that are necessary for an accident to be the cause of a personal injury. Most personal injury cases are rooted in the Doctrine of Negligence. Negligence is a legal term that states that an individual has an obligation to act “reasonably” and not to endanger anyone else or put them at risk.
Some accidents are unavoidable. The ones that aren’t fall within the realm of personal injury. For someone to file a claim for a personal injury lawsuit, they must prove that the injury would not have happened had the defendant upheld their duty of care by behaving as any “reasonable” person would have under the same circumstances.
Reasonable care is a construct that is integral to the Doctrine of Negligence. The premise is that people have an obligation to behave as any reasonable person would if in the same circumstances. It does not take into account anything about the defendant themselves, but rather is a subjective legal construct that remains the standard in personal injury cases.
What are the different types of personal injury?
Personal injury cases fall under tort claims, and there are many different types of personal injury lawsuits that can arise in civil court. Anytime that someone’s injury is the result of another individual’s negligence, it is deemed a personal injury case. The exception to this is product liability. For someone to file a product liability claim, they do not need to show that the manufacturer was negligent or that they did anything “wrong.”
The different types of personal injury are:
According to The National Highway Traffic Safety Administration, in 2015 alone, there were 32,539 fatal crashes on highways across America, resulting in 35,485 fatalities. And in the same year, there were 6,296,000 police-reported car collisions, resulting in 2,443,000 injuries. Automobile accidents comprise as much as 52% of all personal injury claims in courts around the nation. The statistics translate into 97 people dying in car accidents and 6,693 people injured every day.
Auto accidents don’t just involve automobiles, either; they also involve special populations like pedestrians, motorcyclists, and bicyclists. In 2015, there were 15 pedestrians killed and 192 injured in auto accidents every day. There are all sorts of reasons that people are injured in automobile accidents. A high percentage of auto accidents involve alcohol impairment. In 2015, 9,350 of the fatal crashes were alcohol-related — which translates into 33% of all car accidents being caused by someone who is under the influence of drugs or alcohol.
Slip and fall accidents
According to the National Floor Safety Institute, over eight million people visit the emergency room every year due to slip and fall accidents. Slip and fall accidents are the leading cause for people seeking emergency care; they comprise as many as one million visits to the emergency room or 12% of all fall injuries per year. Those who are most vulnerable are seniors 84 or older and individuals between the ages of 65-84 years. Slip and fall injuries remain the leading cause of workers’ compensation claims.
Most slip and fall personal injury accidents are guided by premises liability laws, which are determined at the state level. If you have a slip and fall injury, the state that you live in will determine liability. It’s a good idea to contact an attorney at USAttorneys.com to help you figure out your options. We can connect you with the best attorney for your slip and fall case.
Wrongful death is when someone dies unnecessarily due to someone else’s negligence. According to the Centers for Disease Control and Prevention, there were as many as 135,928 deaths due to unintentional injuries in 2014, and wrongful deaths are the fourth leading cause of death in the US. Although the highest concentration of wrongful death suits are due to medical malpractice (with over 90,000 deaths every year due to medical error), there are many reasons to file a wrongful death lawsuit.
Assault, Battery and other Intentional Torts
Also falling within the category of personal injury lawsuits are “intentional tort claims.” They differ from other personal injury claims because they are not caused by someone’s negligence; they are instead intentional acts meant to harm another person. Intentional torts are almost always related to criminal acts or cases, and the person who is harmed in a criminal case may also file a claim in civil court for injuries and damages.
What do you need to prove a personal injury claim?
It is not enough to be injured either on someone’s property or accidentally. To prove your personal injury claim, you have to show that either the act was intentional, as in an intentional tort case where someone meant to harm you, or that the cause of your injury was due to someone else’s negligence.
For personal injury suits that require the Doctrine of Negligence, you have to show that the defendant either did something to cause your accident or that they failed to act, and it was that failure to act that led to your injuries. Proving that another person was negligent requires that you show four essential elements. They are:
● The defendant in the case owed you a duty of care
● The defendant breached that duty of care
● It was the breach that led directly to your injury
● There were actual injuries that you sustained and need to be compensated for
To prove your personal injury claim, you will need specific documentation pertaining to the accident. The key to proving your personal injury claim is having evidence related to the incident. Items that will enhance your claim are:
● Photographs and eyewitness accounts
● Medical bills and treatment logs
● Police reports
● A journal recounting the events both during the accidents and then following
Since it is the plaintiff’s duty to prove that someone else’s negligence is responsible for their injury, the onus of proof will befall the person who files suit. That is why the more evidence and proof you have, the stronger your case will be.
Critical steps to take if you are injured due to someone’s negligence
If you are injured in an accident, the immediate steps you take are critical to proving your personal injury case. To ensure that you have the proper documentation to show that your accident was due to negligence you should:
1. Seek medical care
Regardless of how minor an injury may appear at the time of an accident, it is imperative that you seek medical care immediately. Often in personal injury cases, what initially seems like a minor injury can turn into something major. You must have documentation that the injury was related to the accident, and the best way to do that is to seek care immediately following the incident. Not only will immediately seeking care establish a causal link, but it will also show that you did your necessary due diligence to minimize your injuries.
2 Document everything
Following the accident, you will want to make sure to have everything in writing. Hold onto any documentation pertaining to the accident such as:
● Police reports
● Medical bills
● Treatment summaries
● Any correspondence with the insurance company or other parties, including written conversations like emails
● A daily journal of how you feel and the pain and suffering you experience, including any emotional distress
● Expenses related to transportation to and from appointments
● Lost wages
3 Photographs or drawings
When possible, take pictures or make drawings to illustrate where the accident occurred and any other related factors. Get pictures from different angles either immediately following the accident or at a later date to help prove negligence.
4 Call an attorney immediately
One of the most critical steps to your personal injury case will be contacting a personal injury lawyer immediately. We believe that “finding a lawyer should be simple,” and if you contact us we can connect you with experienced personal injury attorneys in your area. Having the advice of a legal professional from USAttorneys.com can help you ensure that you don’t make any mistakes that could cause you to lose your case. Also, don’t make any formal or informal statements about the case to anyone, and stay away from social media. It is critical that you have your lawyer present before talking to anyone about the accident, including any conversations that you have with the insurance company. To prove negligence, you will need someone in your corner advising you on what to say and what not to.