A Study of the Different Elements That Are Key to a Personal Injury Case

Thu 20 October 2016

A personal Injury case can be referred to as a lawsuit filed against the actions of any person/entity/company that causes physical harm to the self or another. Personal injury cases can be categorized under a number of types based on the type of accident that led to the personal injury. Here are some of the most popular types of personal injury cases.

  • Car accident injuries as well as pedestrian accidents
  • Premises liability case due to hazardous sites like construction sites with risk of falling objects.
  • Slip and fall claims
  • Medical malpractice claims
  • Product liability or any injury stemming from a defective product.
  • Intentional torts and assault and battery cases.
  • Surgical injuries. 

How is Personal Injury Cases Remedied?

Most personal injury cases are settled with the issuing of a proper compensation amount that is in accordance with-

  • Medical costs
  • Hospital bills
  • Medication costs
  • Costs for therapy and rehabilitation
  • Loss of income costs or the wages lost due to a personal injury.
  • If a person is under influence while driving or is driving recklessly, he may face criminal charges, as well as other legal proceedings such as the detaining of the driving license.
  • If a company is at fault for a personal injury, the court may decree an order for an injunction and the party would have to ensure proper means to correct such forms of reckless behavior in the future.

What are the defenses that can be put up in a Personal Injury Case?

Any defense in the case of a personal injury lawsuit is generally focused on the facts that are found in the case as well as the type and the extent of the injury that the plaintiff had incurred. For example, if you were to take the case of a person who suffered from a personal injury due to a slippery floor, the defendant can prove that he had taken all forms of possible precautions to prevent the possible slipping of customers. Additionally, the defendant may be successful in proving that the plaintiff was partially at fault for the fall or it was their negligence and actions that led to the accident. In such a case, the compensation can be slashed down or even denied based on the percentage of the fault.

Do you need to hire a lawyer for your Personal Injury Case?

Personal injury cases are one of the most difficult cases to deal with owing to the fact that they require an extreme amount of knowledge. The lawyer must be acquainted with all the current proceedings to determine the best angle to approach in the case. Moreover, personal injury lawyers also need to be resourceful in order to accurately determine the extent of damage that you have suffered and be able to contact the best doctors and diagnostics in order to assess the entire scope of damage to guarantee the best compensation that your case can decree. Therefore, if you want to file a case for Personal Injury, you must choose an experienced lawyer to ensure appropriate compensation.

By Armando, Category: Legal