What Qualifies as Personal Injury?
What Qualifies as Personal Injury?
You may file a personal injury claim against the liable party if you or a loved one has suffered an injury. However, what qualifies as a personal injury, and when do you have a case?
Specific criteria exist for what constitutes a personal injury and when you may qualify for compensation. After reading this article, contact an experienced personal injury attorney to find out more. A personal injury lawyer in California will review your case carefully to understand if it can lead to compensation.
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What Is A Personal Injury Claim?
In California and other states, a personal injury is defined as a physical or emotional injury because of another person’s actions. A personal injury claim may include any physical, psychological, or emotional damage related to the accident. The most common personal injury claims arise from these incidents:
- Car and truck accidents: Motor vehicle crashes are the most frequent reason for personal injury claims in California and most states. Auto accidents lead to thousands of severe injuries and deaths every year. Your auto accident attorney will attempt to prove that another party violated their duty of care and caused the accident.
- Bicycle and pedestrian accidents: Accidents involving pedestrians and cyclists are often severe and can cause serious injuries and death. You should retain a pedestrian accident attorney to ensure the most compensation.
- Defective product cases: Products sold in America are supposed to be safe, but product defect claims are common. Toys, automobiles and car parts, drugs, and medical devices often are the source of personal injury claims.
- Slip and fall accidents: Property owners must fix any obvious hazards that can hurt a guest or visitor. Broken steps, wet floors, missing handrails, and loose flooring or carpet can cause a slip and fall.
- Dog bites: Americans love dogs, but some dogs are aggressive and vicious. You can receive compensation in a lawsuit if another person’s dog attacks you. In California, owners are strictly liable for dog bite injuries. The owner is liable for your injuries unless you trespassed or provoked the animal.
- Medical malpractice: A medical malpractice claim can occur because of a surgical error, medical error, wrong medication, missed diagnosis, and more.
Other types of accidents and incidents can lead to a personal injury claim. If you suffered an injury because of another person’s negligence, talk to an experienced personal injury lawyer in California today. You also should speak with a lawyer if another person’s negligence killed your loved one. You can file a wrongful death claim to recover your losses.
Personal Injury Claim Compensation
Damages you may recover in a valid personal injury claim include:
Present and future medical expenses
Current and future medical bills are often a significant part of a personal injury settlement. Your attorney will talk to your medical team to understand your prognosis and future medical expenses to reach maximum medical improvement (MMI).
Prescription drugs
The personal injury settlement usually includes the costs of prescription drugs related to your injuries and treatments.
Medical devices and assistance as you heal and recover
You may need medical devices, such as wheelchairs and walkers, during your recovery. If it is a long-term injury, the settlement may pay for modifications to your home.
Lost earnings
A personal injury may mean you lost income. You may be unable to work during your recovery, so you should receive compensation for your lost earnings.
Lost earning capacity for a permanent injury
A severe or permanent injury can lead to the loss of income-earning capacity. For example, if you are paralyzed, you may be unable to work in the future. Your personal injury lawyer in California will consult with economists and occupation experts to understand your lost income for the rest of your earnings.
Rehabilitation
A personal injury settlement may include rehabilitation compensation to pay for your physical therapy until you reach MMI.
Pain and suffering
Many serious injuries are painful during the accident, as well as ongoing pain and suffering as you recover and obtain treatments. This compensation is harder to quantify than medical expenses, but a personal injury attorney will estimate what your pain and suffering are worth.
Loss of enjoyment of life
Suppose you have a permanent injury that prevents you from walking or playing with your children. You cannot do things you once did, which should be compensated for.
Mental and emotional trauma
Your injury may cause mental and emotional distress related to your lost physical capacity.
Retain a personal injury attorney today to understand your damages and what the case may be worth.
How Do You Pursue A Personal Injury Case?
Personal injury law in every state is governed by laws and statutes that determine your rights and the duties of those involved. An important aspect of personal injury claims is the statute of limitations, which is two years in California and many other states. In most cases, you have only two years from the date of injury to file your claim.
To file a personal injury claim, the first step is usually to talk to a personal injury lawyer in California experienced in your kind of case. An attorney will provide a free consultation to determine if there is a case. Then, if you sign with that person, they will represent you in settlement negotiations and, if needed, a personal injury lawsuit in court.
Usually, your personal injury attorney will assist with filing a claim with the liable person’s insurance company. Suppose a drunk driver runs a light and hits your car in the side, and you suffer an injury.
The car accident attorney will file a claim with the driver’s auto insurance and attempt to negotiate a settlement. They will try to maximize your settlement for medical bills, lost earnings, and pain and suffering. Most personal injury claims are resolved with an insurance settlement. Only a few cases out of 100 see the inside of a courtroom.
The insurance company can reject liability or offer only a few thousand dollars when you deserve more. Your attorney may file a lawsuit and pursue maximum compensation from the jury.
Your attorney will keep you updated about the status of settlement negotiations, any recent case developments, and whether going to trial is needed.
How Do You Determine Fault In A Personal Injury Claim?
You may have a personal injury claim if you can prove that another person’s negligence, action, or lack of action caused the accident and injuries. Your personal injury lawyer must demonstrate the following aspects of legal negligence:
- The defendant owed you a duty of care. For example, a commercial truck driver owes you a duty of care to drive safely, not hurt others, and obey traffic laws.
- The defendant violated their duty of care by, for example, being distracted in traffic and running a red light.
- The defendant caused a T-bone accident with your car and injured you.
- You have damages from the accident, such as $25,000 in medical bills and lost income.
Your personal injury lawyer will strive to prove that another party’s negligence caused the accident. If they are successful, they will probably negotiate with the liable party’s insurance company for a settlement.
For example, suppose a truck driver caused the accident that injured you. Their employer can be partially liable for the accident. Your personal injury attorney will attempt to prove the driver and company were negligent. Then, your attorney will work with the trucking company’s insurance provider to settle the claim.
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How Is A Personal Injury Claim Valued?
Determining the value of your claim is a complicated process. There isn’t a formula that will tell you what the claim is worth with any accuracy. Several factors will influence the size of the settlement:
Severity Of The Injury
Suppose you fractured your neck in a slip and fall and are partially paralyzed. The settlement can be worth hundreds of thousands or more because of the severity of the injury. On the other hand, a fractured wrist in a slip and fall is a much less severe injury, so the case value is lower.
Medical Bills
A neck injury with paralysis can incur millions in medical and rehabilitation bills. This would be reflected in the settlement amount. A less serious injury like a broken bone would have lower medical bills, so the case is worth less.
Intentions
Was the incident deliberate or accidental? A deliberate incident, such as assault, can lead to a higher case value than an accident, such as a car crash.
Evidence Of Fault
Is the fault clear or muddled? For example, a T-bone car accident where the driver ran the light and hit you is a clear case. There will probably be eyewitnesses and surveillance footage that shows how the accident happened.
However, if several cars are in a crash on the interstate, it will be more difficult to determine liability. A less certain liability situation may affect the claim’s value.
Insurance Coverage
Many personal injury claim payouts are limited by insurance coverage. For example, California drivers are only required to have bodily injury coverage of $30,000 per accident. This is a small sum that can be exhausted by a day or two of care in a hospital. If you have $100,000 in losses, you may be unable to obtain full compensation unless the liable person has assets you can seize in a personal injury lawsuit.
Lost Earnings
Do you have a severe injury that will result in long-term income loss and lost earning capacity? It will increase the settlement value.
Your personal injury attorney can provide more detailed information based on the facts of your case. They have extensive experience with accidents and injuries like yours. They also may review recent settlements in the area where your accident occurred.
How Long Will A Personal Injury Claim Take?
Much depends on the complexity of your case and whether you settle or go to trial. A minor injury claim involving a few thousand damages can take weeks or months to settle. However, a severe injury case with $1 million in damages will probably take longer because the insurance company will fight a large settlement.
Going to court almost always considerably extends the timeline for resolving the claim. A court trial may take months to schedule, and the case can take weeks or months. The defendant could also appeal if the jury ruled against them.
Most cases settle because both sides usually want to resolve the claim sooner rather than later. Your personal injury attorney will advise how long your case will take to resolve.
Why Should You Hire A Personal Injury Attorney?
You suffered an injury, and you can’t work. It might seem difficult to hire an attorney when you don’t have income. However, most personal injury attorneys work by a contingency agreement. This means your personal injury attorney doesn’t charge hourly rates or demand a retainer.
Instead, your attorney is paid a percentage of your settlement or jury award. Most attorneys are paid between 33 percent and 40 percent of your compensation. If you receive $100,000 in a settlement, the attorney might get 33 percent. The attorney will also charge case expenses, such as hiring experts and court and document fees.
Ensure that you know what your personal injury attorney charges before agreeing to work with them. It’s important to ask, Should I ask a personal injury lawyer? to clarify costs and expectations. Also, understand who pays legal expenses and when they are due. Your attorney will only be paid for their work if you receive compensation, so the law firm is highly motivated to get more money for your case. They may have more money if you receive more.
Speak To A Personal Injury Attorney Now
You should think carefully before handling your own personal injury claim. The insurance company may pay less than you deserve. An experienced personal injury attorney usually obtains more money in the settlement than you can without legal assistance. Speak to a personal injury lawyer in California today in a free consultation. They’ll tell you if there is a legal case and what the claim may be worth. You won’t be charged legal fees upfront for your claim and will pay nothing unless you win.