Reports show that the U.S. records between 300,000 and 500,000 personal injury incidents annually. Car accidents account for the highest number of injuries, with police recording 5.5 million crashes reported annually. Unfortunately, severe personal injury cases can lead to deaths, while others cause long-term conditions like impairment, disability, or paralysis.
Luckily, victims can sue respective at-fault parties to cover impending losses. If you want to know more about personal injury cases, you’ve come to the right place. In this article, we’ll examine important personal injury concepts every victim should know. Let's get started.
Types of Personal Injury Cases
Injuries can occur in different contexts. Here are some common situations leading to personal injuries in the U.S.
- Car accidents: Road accidents account for over 5 million accidents yearly.
- Construction work injuries: Construction incidents led to over 14,000 injuries in 2020.
- Medical malpractice: There are 15,000-19,000 official complaints due to negligence. They also include nursing home abuse situations.
- Slips and falls: These mostly happen in work-related contexts, including construction sites.
- Product liability: This happens when you consume defective products.
Concepts of a Personal Injury Law
Different factors play a role in the mentioned personal injury circumstances. They mainly affect a lawsuit proceeding, determine the liable party, time of sentencing, and compensation charged.
Here are the essential concepts you should know about personal injury law:
Damages
Depending on the accident's severity, various damages can occur when you get a personal injury.
Below are some of the injuries you can sustain from various accidents:
- Bone fractures: This mainly occurs in severe car accidents or heavy falls from work-related accidents.
- Head trauma: Head crashes in major accident risk can result in mild concussions or a coma.
- Paralysis: Severe accidents or doctor errors can lead to paralysis. Moreover, such incidents attract huge compensations.
Legal Processes and Representation
Personal injury cases attract lawsuits when victims file for compensation. The type of accident determines whether to settle a case outside the court or proceed with a litigation process. However, it's important to include personal injury lawyers in either of the processes.
The evidence available improves your chances of success in a legal process and the total pay. Hire a credible lawyer to help collect and evaluate your evidence. Luckily, lawyers have the jurisdiction to acquire confidential information like hospital records, police, and individual statements.
Negligence Degree
The degree of negligence leading to an injury can affect the outcome of the legal proceeding. Your attorney should help prove your non-negligence and justify the at-fault individual/group mistakes.
High levels of negligence can lead to worse personal injury cases and harsh punishments. Also, being partially negligent can lower the compensation victims get.
Here are the factors used to determine negligence levels:
- Duty of Care: The concept states that every user in a specific context has the duty to protect others.
- Breach of Duty of Care: The at-fault party must have breached the duty of care they owed to the victim.
- Causation: You must demonstrate how another person's negligence led to your injuries.
- Damages: As a result of the at-fault party’s action, the victim suffered losses.
Statute of Limitation
How long you wait before submitting a claim affects your personal injury case. Most states have a three-year limit. Therefore, victims cannot report a case three years after the accident. Failure to report a personal injury claim within the set period can lead to a case dismissal.
Insurance Company’s Involvement
Insurance companies, through adjusters who also investigate the incident, help evaluate and determine the right compensation. Therefore, your insurer can be helpful when struggling to find evidence for your case.
Conclusion
That's everything you need to know about personal injury concepts. As mentioned, the type of injury determines the total compensation and whether a court process is necessary. Additionally, negligence and legal representation dictate the final verdict. Be sure to hire a certified attorney to increase your chances of winning.
