Personal injury occurs when someone else’s negligence causes you to experience physical injuries, mental injuries, or property damage. Because of the nature of this harm, you may be entitled to bring a personal injury lawsuit against the person who caused it to obtain compensation for the financial consequences of their conduct. Personal injury lawsuits are about things like car and truck accidents, bad medical care, construction accidents, and unfair accidents.
Personal injury incidents may result in a variety of different forms of damages, the most common of which are described as follows.
- Economic losses include things like the present and future medical expenditures, lost income both now and in the future, and property damage.
- Damages that aren’t directly connected to our financial line include “pain and suffering,” “disfigurement,” and “mental agony,” among other things.
Before filing a lawsuit, a plaintiff must adhere to a time constraint known as a statute of limitations. In most circumstances, the statute of limitations begins to run when the plaintiff suffers harm or becomes aware of the damage for the first time. There are, however, a few exceptions to this rule. You have until the end of that period to find a lawyer who can provide you with a suitable attorney-client relationship and make a claim for punitive damages. After initiating a lawsuit, you are no longer limited to a certain period to present your case and collect reimbursement from the other party’s insurance policy if you win.
State rules govern the amount of time an injured person has to file a compensation claim. In Texas, the civil statute of limitations for causing bodily injury is two years; the sex offense statute of limitations is five years; the libel or slander statute of limitations is one year. It will probably vary in each state.
What Constitutes a Personal Injury Claim?
If one party is injured or becomes ill as a result of another party’s negligence and some damages can be shown, you may have a legitimate personal injury case on your hands. People and organizations must take responsibility for the well-being of others. Personal injury lawsuits are launched when this requirement is not met, and someone is hurt owing to the breach of duty.
What Should You Do After an Injury?
After the incident that just took place, there are a few steps that are very necessary to do.
- Seek Medical Help. Even if your injuries seem to be minor, you must get medical assistance as soon as possible. If your injuries are severe enough, the emergency medical personnel who react to the scene of the accident may treat you there or take you to the hospital for further assessment. You should not refuse their aid.
- Take Photos and Videos. Pictures and videos are sometimes the finest evidence that can be presented to show how an accident happened. Take photos of the whole accident scene, including your injuries and any vehicles or equipment involved.
- Gather Info. Gather the identification and contact information of any witnesses. If you are in a car accident, be sure to get the other driver’s name and insurance information as quickly as possible. If you have a camera or smartphone, you may also take pictures of your driver’s license and insurance card. This allows you to confirm if they have coverage.
- Keep All Evidence. Make copies of all of your medical documents, including those from the initial care you had after the accident and any subsequent treatment. You should also save copies of any insurance correspondence you receive.
- Maintain A Personal Injury Diary. Your own words are frequently the most powerful evidence of the extent of your impairments and their impact on your life. Write in your journal every day, explaining the level of pain you are feeling, the things you can and cannot perform, and how your injuries are influencing your emotional condition.
Personal Injury Costs
A personal injury can result in a variety of serious injuries as well as an increase in financial expenses and losses. You may be able to recover compensation for your losses and expenditures. All of these expenses, including pain and suffering, emergency medical care, and lost income, should be recoverable against the individual who was at fault.
When you are ready to seek financial compensation for bodily damage that is considered a personal injury, contact the experts at The Barnes Firm San Diego.
Most personal injury cases are settled outside of the courts. It is customary for the negligent party’s insurance company to assume the lead position in these sorts of settlements; after all, they are the ones paying the tab in most cases.
It is quite unlikely that the person you are suing will be the source of any compensation you get. It makes little difference whether you were injured in a car accident or were the victim of costly medical malpractice: the insurance company that covers the individual who was at fault will almost definitely be the one who pays out the compensation.