Accidents are usually unforeseen incidents but sometimes preventable. If you get injured due to the recklessness of another individual, you may be entitled to compensation.
According to Willie D. Powells III, the President, and CEO of Law Offices of Willie D. Powells II & Associated PLLC, a personal injury can affect an individual physically and mentally; hence, many cases require both physical and psychological treatment of victims, and this cost a lot.
What qualifies as a personal injury?
Legally, any injury due to another person’s negligence or intent to harm qualifies as a personal injury.
The harm caused could be on the victim’s body, emotions, or reputation.
Element of a personal injury claim
Certain basics must be fulfilled before a personal injury may be eligible for claims.
Negligence
Every member of society is expected to act in ways such that their actions do not hurt others, either bodily or non-bodily.
A driver, for instance, is expected to exercise caution on the road and not drive under the influence.
Personal injury lawyers will first have to establish the defendant failed to exercise reasonable care and that the action resulted in the injury sustained by the victim.
Workers who sustained injuries due to the failure of a company to comply with the necessary safety guidelines may be eligible for personal injury claims.
Intent to harm
Your lawyer will need to prove the defendant intentionally committed the act. Such injury includes those sustained from battery and assault.
For instance, you may be able to sue if someone intoxicated punches you at a bar. Meanwhile, such assault excludes any in which you started the altercation.
Strict liability
Establishing this basis means the defendant can be held responsible for an injury, irrespective of intent or mental state. A typical example is if a defect in a product result in an injury; the manufacturer is suable even if they do not act negligently or intend their product to cause harm.
Types of personal injury cases
Considering the broadness of personal injury, there is no exact number of personal injury cases handled by lawyers. However, these ten personal injury cases listed below are some of the most common:
- Work-related injuries and illnesses
- Vehicle accidents
- Slip and fall accidents
- Wrongful death
- Medical malpractice
- Defamation
- Nursing home abuse
- Invasion of privacy
- False detention or imprisonment
- Maritime injuries
What is the work of a personal injury lawyer?
The primary responsibility of a personal injury lawyer is to provide legal advice and representation to victims of injuries caused by the carelessness or intent of an individual or organization.
Personal injury lawyers help to negotiate fair compensation for the financial loss due to the sustained physical or psychological injury.
Most litigators in this field work on a contingency fee. This means they are only paid an agreed percentage of the settlement. Therefore, if no monetary compensation is received from the defendant, you owe them nothing.
If you sustained any injury due to the carelessness of someone else or an organization, do not hesitate to contact a personal injury lawyer in your area. They will assess if the case is viable and advise you accordingly.
Things to consider before hiring a personal injury lawyer
Expertise
Any licensed lawyer can represent you in court, but not all are your best counsel. You need someone experienced in personal injury law for adequate representation.
Only hire a lawyer who specializes in areas of your claims for a better chance of getting compensation. Remember, the defendant will never willingly accept being guilty. They will come with their best lawyer, so go with an attorney who is better than their best.
Experience
Not all personal injury cases are the same. Be intentional when it comes to choosing your attorney.
If your injury is related to an automobile accident, choose a lawyer with years of experience handling similar cases.
Chances of winning
Do not hesitate to ask your lawyer about the chances of winning a case. Personal injury lawsuits are unpredictable; anything can happen, even when you are close to winning.
Although an attorney may not give you a guarantee to avoid raising your hope, they should be able to give you a professional evaluation based on the available evidence.
Fees and costs
When hiring an attorney, there is a difference between the fee charged and costs.
The money a lawyer is entitled from the awarded compensation is the fee for the case.
Costs are the expenses related to the case. This may include:
- Deposition fees
- Expert witness fees
- Copy and postage charges
- Travel expenses
- Court fees
- Document request fees
Reputation
Only use a law firm that assigns an attorney passionate about your case. A lot of personal injuries suits are settled out of court.
Your lawyer should be great at negotiating and arguing your case in the courtroom if it goes to trial.
