The United States Courts reported a 78% increase in filings for personal injury and product liability cases for the year ending March 31, 2024. This shows the rising concerns regarding product safety and negligence.
Whenever physical or emotional harm is inflicted upon you by another person’s negligence, you may have a personal injury claim. Examples of such injuries include car accidents, slips and falls, or even medical malpractice. You have to prove the link between your injury and the other party’s act to pursue the claim.Â
Let’s look into the key elements that make a case a personal injury claim.
Understanding Personal Injury Law
According to personal injury lawyer Stan H. Freeman, the laws governing personal injury are an aspect of civil law that uses the court system to find remedies to injustices. These laws provide you with rights when someone neglects and harms you.Â
You may feel overpowered by legal jargon that makes it seem complicated, but it’s really quite simple. Personal injury laws seek compensation for your injuries, your medical costs, your loss of income, and your mental suffering.Â
Pursuing a personal injury claim is about standing up for yourself, basically putting your case against others. An education in this area of the law will teach you how to negotiate the complexities of your case. Whenever you slip or fall, become injured in a car accident or other similar instances, being knowledgeable about your rights gives you a sense of connection and support to deal with the circumstances.
Types of Personal Injury Claims
Depending on the personal injury accident, one could pursue several types of claims. Knowing what claim you can pursue is beneficial for your case.Â
The most common of such claims involves automobile accidents where negligence predominates. Slip and fall cases occur when an owner or occupant fails to maintain safe conditions on premises. Medical malpractice claims arise when medical professionals render substandard care resulting in injury.Â
Workplace injuries involve unsafe working conditions or equipment that impair your livelihood. Product liability claims arise when injuries result from a defective product.Â
Dog bite claims usually involve the negligence of the owner and can also be classified as personal injury claims.
Each claim has its unique distinctions. Such knowledge gives you the power to find other people who have been through what you have. Connecting to these people will add strength to your case.
Elements of a Personal Injury Claim
The successful handling of a personal injury claim involves understanding its components. To pursue a personal injury lawsuit, you must be either physically or emotionally injured.Â
It is important that another party who has caused the injury through an act or omission is named. Identifying this link is critical to forming the basis of the claim.
The damage brought about by the injury, like a medical bill or lost wages, has to be established. Next, the instance must demonstrate that the other party had a contractual duty to either act or refrain from acting in a manner that could potentially cause injury.
The Role of Negligence in Personal Injury Cases
Negligence acts as a cause of action in personal injury cases and serves as the basis for liability. You can have a good claim if a defendant fails to exercise reasonable care, and that act of negligence causes injury to another.Â
Consider the example of auto crashes or slip-and-falls. If a careless act by one party caused injury to the other party, then the party should be held liable. This establishes that the actions or inactions have caused suffering to the individual. If you know who the negligent party is in the case, it can resolve the complicated situation.
Steps to Take After Suffering a Personal Injury
After sustaining some personal injuries, acting immediately means so much for your recovery and various potential claims. Always seek medical attention, regardless of how minor your injury may seem. Document every detail connected to the incident. Take pictures, collect witness information, and retain medical documents.Â
Inform your employer or whoever is responsible for the accident. Report the case on time, as personal injury cases follow certain legal deadlines.Â
Finding someone whom you trust and talking about your experience can be healing. In dealing with the trauma brought about by your personal injury, a friend or family member may stand by you and listen to whatever you need to share for comfort.Â
Never fear engaging the services of a personal injury attorney who may advise you of your rights and legal alternatives. An adept personal injury attorney will always support their clients’ rights throughout the legal process.
