Personal Injuries

Picture a perfect day out for a walk with your friends. The sun is up, and the air is crisp. You and your pals are walking along a street when suddenly you trip while stepping on a slippery platform. You hit the ground pretty hard, and you end up getting knocked out. Well, there goes that perfect day out. That right there is an example of a personal injury. It could happen to anyone at any time at all. You do not have to worry. There is an action you can take once such an occurrence happens to you or someone you know. But before we get to that, let us first discuss some basic concepts.

What Counts As A Personal Injury?

Before starting with other aspects, you must know that a personal injury is an element of law and legalities. It is also far different from bodily injuries. Plus, many accidents and instances can fall under personal injuries. Let us take a look at some of them:

• Medical malpractice
• Automobile accidents
• Nursing care neglect that leads to injuries
• Wrongful death
• Assault and battery
• Sexual assault
• Workplace accidents
• Product liability
• Public area injuries
• Workers’ compensation

Some personal injury cases can also be due to the neglect of an individual or organization. A person who caused harm and injury to another on purpose can also be counted as such.

So What Can I Do?

Your first course of action would be to recover your health if you are the injury victim. Once you take care of that, you can move on to the next step. That next move would be to file for a personal injury claim. A personal injury claim is a legal case you file as the victim of a personal injury, and the harm is someone else’s fault. It acts as the legal and formal process of obtaining compensation from the responsible party. In most cases, the other party’s insurance company will deal with the payment. Plus, these cases can be on a no-win, no-fee basis. That means you do not have to pay for anything once the claim is unsuccessful.

The Process

Tackling a personal injury claim is no laughing business. Here is a quick rundown of how the process works:

1.    Assessment

The first part of the process involves you contacting a personal injury lawyer. Many firms and legal practices are out there. You will have no trouble finding an ideal personal injury lawyer Springfield has to offer. The legal worker will assess your statements and give you an analysis of what you can do next.

1.    Analysis

A personal injury lawyer will double-check and analyze everything to make sure you are eligible for the claim. This part means looking through evidence, testimonies, and so on.

1.    Claim submission

Once you pass, a legal worker will submit your injury claim. They will also exchange the details with the defendant or the other party involved. It formally mentions that you are claiming the other party responsible for your injuries and damages.

1.    Negotiations

Your injury lawyer will negotiate with the defendant’s side. However, the other party may or may not accept the liability. But once that happens, the claim goes to court.

1.    Settlement

This part determines the outcome of your claim. Your lawyer will settle the claim either by winning a negotiation or through court approval. You will then receive the compensation you deserve. But once you lose the dispute, you will get nothing. Losing also means you do not have to pay the lawyer – provided you made a no-win, no-fee agreement beforehand.

Personal Injury Damages

You will be the recipient of what courts call “damages.” They use the word to describe the financial compensation a victim gets for injuries and or losses. There are three primary types of personal injury damages. These are special, general, and punitive.

• Special damages

Special damages involve a specific amount of cash attached to them. Such damages include lost wages, medical expenses, replacement or repair of damaged or lost property. Most people also call special damages economic damages. 

• General damages

General damages refer to those that do not define a specific amount of cash attached to them. Think of them as the emotional damage one might suffer. These damages include compensation for loss, pain and suffering, wrongful death, and so on.

• Punitive damages

Punitive damage is a form of punishment for defendants who are intentionally harmful or negligent. A court will also consider delivering criminal charges for anyone responsible.

How Long Does A Claim Take?

A personal injury claim duration can vary from one case to another. It will depend on how complex the case is, as well as the circumstances involved. Things will take longer if the defending party decides to deny the liability. That means the claim will go to court. Court hearings also take a significant time to finish.

To Conclude Things

It is paramount that you get legal assistance once you or someone you know becomes the victim of a personal injury. But before you take that action, you must first recover and get back to health. After you file a claim, a personal injury lawyer can do all the legal work on your behalf.