Category: Personal Injury Case

Understanding the Basics: What Qualifies as a Personal Injury Case? – Guest Post


Personal Injury Case

Maybe you’re nursing a sprained ankle or dealing with hefty medical bills as a result of an accident. Maybe you’re just curious about your rights.

Whichever it is, you may be wondering: “Could this qualify as a personal injury case?”

We’ve got your back.

This no-legal-jargon & no-confusing-twists article will give you straightforward answers to all your personal injury case-related questions.

So, grab a seat and dive into the basics of personal injury cases.

1. What is a Personal Injury Case?

Getting into a car accident, slipping on a wet floor at a grocery store, or getting injured by a faulty product – each of these scenarios can be considered a personal injury case.

Once you decide to legally pursue the questions of “Who is responsible for my injury?” and “How can I rectify this situation?”—that’s when you’ve got yourself a personal injury case.

Essentially, to initiate and successfully terminate a personal injury case, you’ll need to establish the following before the court or other relevant authorities:

  • That the injury was somebody else’s fault, and not yours. (i.e., a careless driver, a negligent store owner, or a company that made a dangerous product)
  • That the party that caused you harm didn’t take proper care to keep you safe.
  • That you’ve got injuries as a result of the accident you’ve suffered, whether physical or emotional. Financial losses count too.
  • That you’re seeking compensation aka the money that will help you recover from your losses and get back on your feet.

If this sounds too complicated, talk to a personal injury attorney.

Until then, let’s see which types of personal injury cases exist out there.

2. What Are the Types of Personal Injury Cases?

The most common type of personal injury case is car accidents.

Maybe someone was texting while driving, speeding like a race car, or just being reckless.

Either way, when you get hurt in a car accident, you can seek compensation from the person who caused it.

Another situation in which you can seek compensation is, for instance, if you slip on the wet floor of a grocery store and fall.

These cases fall under the “premises liability” category, meaning that the store owner is liable for these accidents due to not keeping the place safe.

Then, there are various medical malpractice cases where patients suffer harm due to the negligence of healthcare providers.

These cases can include surgical errors, misdiagnosis, or medication mistakes. They can also lead to a wrongful death case.

In each of these situations, you can seek compensation for your injuries and related damages.

Here are some other types of personal injury cases:

  • Dog bites
  • Product Liability
  • Workplace accidents
  • Burn injuries
  • Nursing Home Abuse.

While these cases cover a wide range of situations, each case requires demonstrating that the injury or harm was caused by someone else’s negligence or wrongful actions.

Seeking compensation in these cases can help cover medical expenses, lost wages, pain and suffering, and other damages resulting from the injury.

3. What Is Negligence?

In the previous section, we mentioned negligence being the key factor in personal injury cases.

In the context of personal injury law, negligence occurs when a person does something they shouldn’t have (or doesn’t do something they should’ve), resulting in harm or injury to another person.

To establish negligence in a personal injury case, the following elements must typically be proven:

  • That the negligent person owed a legal duty of care to the injured party, meaning that they had the responsibility to do everything in their power not to cause harm to someone else.
  • That the negligent person breached this duty by acting unreasonably (i.e., they weren’t following traffic rules or watching out for pedestrians while driving a car)
  • That there was a link (causation) between the breach of duty and injuries.
  • That the injured party suffered actual damages, such as physical injuries, emotional distress, or financial losses, as a result of the negligent person’s actions or lack thereof.

It’s important that you remember that negligence can take many forms, ranging from simple carelessness to reckless disregard for the safety of others.

Regardless of the form it takes, proving negligence is essential to holding responsible parties accountable for their actions and seeking justice for the injured party.

4. What Are Your Legal Rights After an Injury?

If you’ve been hurt in an accident that is the result of someone else’s fault, you have rights.

Your rights include asking for:

  • Money to cover your medical bills.
  • Lost wages, if your injury keeps you away from work.
  • Compensation for your pain and suffering, because emotional injuries can hurt just as much as physical ones.
  • Workers’ compensation, if you got hurt at work.

All you have to do?

Sue the negligent party.

File a claim, prepare for a hearing with your personal injury lawyer, and let them do the rest.

Your lawyer will guide you through the process, gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

Remember: It’s important to act promptly, as there are deadlines for filing personal injury claims, and seeking legal advice early can help protect your rights and maximize your chances of receiving fair compensation.

5. When To Consult with a Personal Injury Attorney?

As we said, there are deadlines for filing personal injury claims, so you should consult with a personal injury attorney as soon as possible after your accident or injury.

But deadlines are not the only reason why you should act fast.

A prompt reaction will also help avoid the long-term impact of your injuries and your medical bills piling up. It will also prevent evidence from deteriorating or getting lost over time, since witnesses’ memories can fade, and important details of the incident may become harder to recall.

By acting swiftly, you give your attorney the best chance to gather all necessary evidence, build a strong case, and advocate effectively on your behalf.

And if you’re thinking: “I meant this question more along the lines of whether I can handle my personal injury case alone or do I absolutely have to hire a lawyer”, we’ve got an answer on that too.

While it is possible to handle a personal injury case on your own, especially for minor claims with clear liability, it is often advisable to hire a personal injury attorney in cases where the fault isn’t clear or when the insurance company plays hardball.

If the legal jargon ever becomes overwhelming, that’s another sign that you should consider hiring an expert while you focus on your healing.

And hey, many personal injury attorneys, such as those at the Law Offices of Spar & Bernstein, offer free initial consultations to tell you whether your case is worth pursuing, so you’ve got nothing to lose!