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If you have been in an accident where you sustained an injury, you should file a personal injury claim as soon as possible. However, before calling an attorney, make sure to collect all information and record evidence that you can provide to the lawyer and use in court later to maximize your lawsuit. Also, before filing a lawsuit, you should understand what the legal process of a personal injury claim involves.
Read on to learn more!
The Personal Injury Legal Process – An Overview
A personal injury claim involves several steps, such as the following:
Legal Entitlements
It doesn’t matter in which state you live; you must do your research and understand what your legal rights are. This knowledge will help you determine the best course of action that you can take after an accident if you get injured.
Collecting Evidence
If you get injured, you must collect as much proof and evidence as possible so that you have a solid base to support your personal injury claim. When it comes to collecting evidence, it includes pictures, witness statements, medical records, and any other relevant documentation that you need to support your claim.
Legal Consultation
The next step of the personal injury legal process is to consult a legal professional who deals with such cases in your respective state. Suppose you have been in an accident in Maryland, in which case you should contact the Maryland Personal Injury Attorney, who can help you understand the complexities of the state’s law around personal injury claims and establish the best framework to navigate the legal process to help you maximize the settlement. Having a lawyer by your side during the personal injury legal process is crucial.
Attempt at Negotiation
It is typical for the insurance company of the at-fault party to offer you a settlement offer in personal injury cases. They offer the settlement to avoid taking the case to the court. However, you should never accept the first offer and discuss things with your lawyer first for a favorable outcome.
Filing the Personal Injury Lawsuit
If both parties involved in the personal injury case fail to reach a fair settlement, the next step will be filing a personal injury lawsuit, where matters are taken to court.
Most Common Types of Personal Injury Claims
Now that you have gotten an overview of the essential steps that are part of filing a personal injury lawsuit let us explore the most common types of personal injury claims.
Car Accidents
It doesn’t matter how carefully you drive on the roads; you can still get into an accident. On that note,m car accidents happen to be the most common types of personal injury cases that are experienced by people all around the globe. Car accidents occur due to various reasons, such as not following the traffic rules, rash driving, driving the car under the influence of alcohol, as well as distracted driving.
If you are injured in a car accident, you can get compensation for your injuries, medical bills, lost wages, and suffering from the at-fault party, which could be another driver or a car manufacturer.
Slip and Fall Cases
Slips and falls are among the most common personal injury cases. Slip and fall accidents typically fall under a wide umbrella of premises liability, such as getting injured in a hotel or someone else’s property. You can also slip and fall when using the various amenities in your apartment complex. In a slip and fall incident, the owners of the premises can be charged for the injury caused by insecure conditions on their property, such as slippery floors, weak structures, poor lighting, and uneven surfaces.
Medical Malpractice
Medical negligence or malpractice can lead to serious personal injury claims. Medical malpractice is linked with the medical negligence of healthcare professionals, such as medical technicians, nurses, and doctors. These healthcare professionals might fail to meet the standards of providing you with suitable medical care, which can cause injury as a result.
Some examples of personal injuries caused by medical malpractice include surgical errors, poor post-surgery care, improper medication, and incorrect medical diagnosis.
Workplace Accidents
Another common reason for personal injury claims is linked to workplace accidents. Workplace accidents can happen in various situations, such as working at a construction site, inside an office building, inside a warehouse, exposure to a harmful substance, and repetitive stress. You should know that your employer is lawfully bound to establish a safe workspace for employees.
If the employer does not meet the legal standards, they will be held legally responsible for the injuries.
Dog Bites
Canine bites are another common type of personal injury claim. The laws around dog bites are different from one state to another; however, in most states, the law keeps dog owners strictly liable for dog bites and the resulting injuries caused by their dogs. This aspect indicates that the owner of the dog that bit you can be held responsible for, and you can press charges against them even if they claim that their dog is usually peaceful and has no reason to cause harm.
Intentional Assault
You should know that personal injury lawsuits aren’t only about accidents. These also cover injury caused by intentional harm. We are referring to injuries caused by assault, battery, and criminal acts with the intent to murder. In the case of intentional assault, you can press criminal charges against the offender and file a lawsuit to get compensated for medical expenses, pain, suffering, and lost wages.
Written and Spoken Defamation
You might be surprised to know that any kind of written and spoken statements with the intent of defamation also represent a personal injury case. Essentially, such a personal injury case is formed when a false statement has been made with the intention of harming one’s reputation. In this lawsuit, the plaintiff must provide evidence that the defendant party made the remarks and harmed the reputation of the plaintiff as a result.
Final Thoughts
The personal injury law covers a wide spectrum, including workplace accidents, car accidents, assault, and defamation. Contacting a personal injury lawyer in your respective state can help you understand the unique characteristics of your cars, along with the legal requirements and the potential outcomes of the case. With the help of a legal expert, you can empower yourself, protect your rights, and seek justice.