Personal injury lawsuits are an area of law that covers injuries and death that occur as a result of accidents. These cases generally involve harm to an individual because of another’s action or failure to act. If you have been in an accident that has had an impact on your life for which other parties may be responsible, a personal injury lawyer can determine if there is cause to bring legal action against them.
Understanding Personal Injury Lawyers and What They Do
Personal injury lawyers can provide legal advice to individuals who have sustained an injury from the actions of other parties. Usually, insurance adjustors will handle compensation due to individuals who are injured in an accident. However, these adjustors’ goal is to pay out as little as possible for an injury. The personal injury attorney can ensure that an injury is fairly compensated for all costs, including pain and suffering and loss of wages. These lawyers ensure that those who suffer injuries are properly compensated so they can continue their normal lives.
Motor Vehicle Accidents
As communities grow, traffic increases, which also increases the risk of car accidents. Injuries often occur as a result of these accidents, and individuals deserve compensation for their medical costs and other expenses. The auto insurance companies generally provide the settlements for these injuries, but the amounts may be inadequate to cover the extent of the injury. A personal injury attorney can ensure that you receive a fair amount to cover your injury expense.
Injuries can also result from the actions of people who lose control of their emotions or choose to settle scores with violence. Concussions, broken limbs and facial injuries can cause expensive medical bills and time away from work. A personal injury lawsuit can be filed to recover these expenses from the individual responsible for the injury.
Personal injuries can arise from medical malpractice incidents, that is, when improper medical care is given by a physician or an institution, such as a hospital. Incidents of incorrect medical care occur on a regular basis, but no medical agency has comprehensive data on how often these problems occur. The errors can have severe consequences, including extensive medical care, permanent disability or even death. Common problems of malpractice include:
. Childbirth injuries
. Medication errors
. Anesthesia mistakes
. Surgical errors
. Improper follow-up care
Brain injuries can occur due to a number of different circumstances. In some cases, an injury to the brain can occur during a birth, which can cause lifelong disabilities. Automobile accidents often involve head injuries that can also cause damage to brain tissue. Brain injury can occur during surgical procedures when inadequate care is given to the administration of anesthesia. Falls on work sites can also cause brain injuries that affect an individual’s ability to continue working. These matters require comprehensive compilation and review of medical documents that an experienced personal injury lawyer can provide.
Work Related Injuries
Work related injuries are another area in which personal injury attorneys may be helpful. These injuries can be the result of falls from working at elevations or from handling hazardous materials that are necessary to the tasks. Workers compensation insurance generally provides compensation for medical costs and loss of wages while the workers are in treatment, but these amounts may fail to provide sufficient amount for the injury or may be delayed. Personal injury lawyers can ensure that workers receive the compensation they are due in a timely manner and in the full amount to which they are entitled.
Sometimes, an accident will cause such severe injuries the individual will no longer be able to work or function as he or she once did. These catastrophic injuries may be because of spinal damage, brain damage or other severe impairment that will require lifelong supervision and care. In order that the injured party receives the proper medical care, physical therapy and ongoing supervision they need, the lawsuit must ask for sufficient compensation to accommodate these needs. An experienced personal injury attorney can provide important advice and information for this important decision so that the injured party is adequately cared for in the future.
Wrongful death is a legal concept that involves the death of someone due to the negligence or willful intent of another person. It is a civil action filed against someone who caused a death. Wrongful death may, or may not, be claimed in regard to a criminal case against someone. A crime need not be committed in order to file a wrongful death suit. In some cases, a wrongful death may occur in regard to negligence in a medical malpractice case, from actions taken, or failed to be taken. In the case of death from an automobile accident, the driver may be sued for negligence in the operation of the vehicle. Wrongful death can also occur due to an intentional action, although the person who caused the accident is not convicted of homicide. Wrongful death lawsuits are generally filed by the surviving family members of the deceased person. Compensation for the death may cover such issues as loss of financial support, funeral and burial expenses, loss of inheritance and loss of companionship of the individual. An experienced personal injury lawyer can help individuals filing a lawsuit to determine the appropriate and customary amounts to ask in compensation.
Statutes of Limitations on Personal Injury Cases
Legislators in each state in the U.S. have created laws that place limits on the amount of time an individual has to file a claim for compensation for a personal injury. Each state may define these limitations in their own way. A state may have a limit of two years on some types of cases and as little as 180 days on other types of cases. A personal injury attorney can help ensure that your suit is filed within these time limits, so you can receive a fair hearing of your case.
Compensation for Injuries
States around the country can decide whether or not to put caps on the amounts of compensation allowed to individuals in personal injury cases. Your personal injury lawyers can help you to determine an appropriate amount of compensation. A number of different areas should be considered in determining this figure, such as:
. Medical treatment
. Loss of income
. Property loss that occurs because of the accident
. Pain and suffering
. Emotional distress
. Lack of enjoyment of normal activities
. Lack of consortium, that is, effect on spousal relationship
Some states have a comparative negligence rule. This rule allows the court to compare the amount of fault that each party brings to the incident that caused the injury. For example, if you failed to use a medication incorrectly, this failure would be calculated into the amount of fault you caused in the injury. This action would be compared to the care taken to provide adequate instructions about how to take the medication. Then, a percentage of fault would be assigned to each party in the case. This percentage of fault is then used to lower the amount of compensation to which you would be entitled. Your personal injury attorney ensures that your interests are fairly represented in this process so you can maximize the amount due in compensation.
If you have been involved in a personal injury incident, you should be able to concentrate on getting well again. Your personal injury lawyer can take on the burden of managing the legal issues, so you and your family can devote your time and attention to getting back to normal.