Personal injury refers to physical or mental injury that a person suffers because of someone else’s negligence. The victim can seek compensation for their damages via an insurance claim or a personal injury lawsuit. If the victim suffers fatal injuries, their close family members can initiate a wrongful death lawsuit.
Anyone considering filing a claim or a lawsuit after an injury should consult a personal injury lawyer to learn whether they have a case and how much it’s worth.
Types of Personal Injury Cases
Personal injury law covers different types of cases, from car and truck accidents to animal bites, premises liability, defective product injuries, and workplace accidents.
Some personal injury law firms focus on specific personal injury law areas, like commercial vehicle accidents or nursing home neglect and abuse. It’s usually better to choose an attorney with plenty of experience handling similar cases.
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Proving Negligence in a Personal Injury Case
Proving negligence is usually the key to winning a personal injury case or settling a claim. One major exception to this rule is workplace accidents. Injured employees can seek reparations through the workers’ compensation system, no matter who was responsible for the accident.
In some states, like New York and Florida, car accident claims also work on a no-fault basis, meaning that the victim files a claim with their own insurance company. However, the victim can usually still take action against the at-fault party if their losses exceed the insurance coverage limit and/or if they suffer a serious or permanent injury.
In a standard negligence-based personal injury case, the victim would need to show that:
- The responsible party owed them a duty of care
- The responsible party breached this duty, either by doing or failing to do something
- The responsible party’s actions led to the accident, the victim’s injuries, and the subsequent losses
Personal Injury and Shared Fault
In some situations, the injured person may share some fault for the accident. For example, in a premises liability accident, the property owner may have neglected to address an unsafe condition, while the accident victim wasn’t careful enough because they were texting while walking.
Here, comparative or contributory negligence comes into play. Contributory negligence states like Alabama and Maryland bar the victim from claiming compensation if they were even 1% responsible for the accident. In contrast, pure comparative negligence states like Florida and California allow the victim to pursue a claim even if they’re almost entirely at fault for the accident.
Most states fall somewhere in between, following the modified comparative negligence doctrine, which allows accident victims to claim compensation as long as their share of fault is below a certain threshold (usually 50% or 51%). The victim’s compensation would drop proportionally to their share of responsibility.
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Available Compensation for Victims
Personal injury victims may be able to collect three types of damages, which compensate them for the losses incurred from the accident. These three categories include economic, non-economic, and (in some cases) punitive damages.
Economic (Special) Damages
Economic damages refer to all the quantifiable losses the victim suffered because of their injury. This includes everything from hospital bills and lost wages to the cost of outfitting the victim’s home to make it wheelchair-accessible. For car accidents and similar incidents, it also covers the cost to repair or replace the property damaged in the accident.
Non-Economic (General) Damages
Non-economic damages, a.k.a. pain and suffering, refer to losses without an attached price tag. Physical pain, emotional trauma, and diminished quality of life fall under this category.
Punitive Damages
In some cases, the guilty party may also have to pay punitive damages to the victim. Courts usually order punitive damages in instances of gross negligence or recklessness, like repeated DUI or knowingly distributing defective products.
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Claims vs. Lawsuits
The quickest and most common way for accident victims to seek compensation is to file a claim against the at-fault party’s insurer. If the liable insurance company gives a fair settlement offer in response to the victim’s lawyer’s demand letter, there’s no need to go to court.
Sometimes, however, a lawsuit is the only viable course of action. This may happen if the at-fault party is uninsured, the victim’s losses exceed the insurance policy limit, or the insurance company denies the claim. Personal injury suits are still likely to settle through mediation before trial.
The Timeframe of Personal Injury Lawsuits
Every state gives accident victims a different timeframe for filing a personal injury lawsuit. In Louisiana, it’s one year, while in Maine, it’s six years. Most states fall somewhere in between, with a statute of limitations of two to four years.
In any case, it’s advisable to start working on a claim or lawsuit as soon as possible, while the evidence is easier to source and potential witnesses remember what happened. Courts are typically not lenient when it comes to filing a lawsuit past the statute of limitations.
Do Accident Victims Need a Lawyer?
The answer to this is almost always in the affirmative, especially in cases involving serious injuries with far-reaching consequences.
Lawyers can protect accident survivors from bad-faith tactics by insurance companies, like denying legitimate claims or downplaying the extent of the victim’s injuries. A lawyer will also help their clients navigate the court system and represent them at trial if necessary.
A personal injury lawyer’s fee typically comes out of the victim’s settlement or award. Thus, injured people usually don’t need to worry about upfront payments. They can also be sure their lawyer believes they have a good chance of resolving the case.
About the Company
Accident Hotline is a handy legal platform that helps injured people find personal injury attorneys in their area. The network’s vetted lawyers handle all types of personal injury cases and provide quick, reliable service. With Accident Hotline, injured people and their families can easily find the right legal professional 24/7.
Call (888) 340-7454 or complete the quick online form on the website for a free consultation.
For a free consultation, call 888-340-7454