A personal injury case is a legal dispute type that happens when there is the belief that one party was to blame for harm done to another party or another person. As a result, the guilty party is financially responsible.
The Most Common Personal Injury Claims
According to the experience of Regan Zambri Long in Washington DC, the common cases of personal injury claims you need to be aware of are:
- Motor vehicle articles – this includes motorcycles, cars, bicycles, commercial trucks, pedestrians, boats, and buses.
- Animal bites – can come from any pet, with dogs being the most common.
- Slip and fall – when it happens on the property of someone else.
- Medical malpractice – this includes surgical errors, failure to diagnose, birth injuries, and more.
- Defective products – this includes injuries caused by several types of defects in manufacturing, warnings, product instructions, and manufacturing.
- Workplace injuries – these are caused by machines or equipment and include illnesses when exposed to toxic substances.
Keep in mind that workers’ compensation claims are different from workplace injury claims. Different regulations and laws have to be respected with these procedures.
This is a special type of case that is governed by personal injury laws. However, the definition of what wrongful death means does vary from one state to the next. In most situations, such a category practically means that someone died because of what another party did. Cases are connected to misconduct or negligence. If someone dies under such circumstances, a group of people, like a spouse, have the right to start the wrongful death lawsuit.
Handling Personal Injury Cases
Although personal injury claims can be filed alone, the best option is always to hire a personal injury attorney that is going to prepare the case. Preparations include specific tasks and the premise is that the case can always go to trial. This is true even if most cases end up settled outside courts.
In most cases, there are 4 factors that have to be established for the injured party to receive financial compensation. The party that was injured has to show that the party at fault:
- Had a duty of care that needed to be respected in regards to the party that was injured.
- Breached this duty of care.
- Ended up causing injury through the breach of the duties.
- Is liable or responsible for the damages that the plaintiff experienced.
Personal injury law tends to be very complex. It is important that you hire a personal injury attorney because of this complexity. You have to find someone that will help you out during the entire process. You will surely find someone that you can trust in the area where you live.
Insurance companies want to pay as little as possible. There are several tactics that are used in order to discredit the injured party and show that injuries were not as serious as claimed. It is the job of the attorney to prove the full extent of all damages suffered and the injuries, together with how they impact the life of the affected party.