3 Accidents That Form The Basis For A Personal Injury Lawsuit
No matter how careful you are with your daily routines, accidents may still happen at any time. Accidents commonly lead to injuries, and when they’re severe enough, the cost of medical treatments can be sky-high.
When you get into any case of personal injury that may involve other parties, it’ll pay to know the steps you have to take immediately. This is because it can affect your lawsuit claim and even determine whether you’re going to be adequately compensated or not.
If you reach out to your insurance company, they often delay the processes so it’s beneficial for you to get a lawyer. When choosing a lawyer for personal injury make sure you do a little research on the field.
Lawyer’s years of experience with the specific case, credentials, and the size of the law firm are the most important factors that should be taken into consideration. An experienced personal injuries attorney with the appropriate background can handle the whole negotiation process successfully and achieve the desired result.
One of the reasons why most people don’t get full personal compensation is their lack of knowledge of the legal steps they must take when filing for a personal injury lawsuit. This is also why hiring a reliable personal injury lawyer, such as the ones from fasigbrooks.com, can also make a big difference. Working with a lawyer will help you make sure that you take all the necessary legal steps to obtain the justice and compensation you deserve.
But to help you understand from the beginning, this article discusses some of the most common accidents that can count as personal injury, in which case you can file a personal injury claim.
What Is Personal Injury Lawsuit?
A personal injury lawsuit is a legal claim that arises when a person suffers any form of injury or harm from an accident that stems from someone else’s mistake or negligence. Although the injuries are physical, they may also lead to other types of damages that require special compensation. For example, loss of current and future earnings, loss of companionship, and cancelled plans or trips.
The person responsible for the incident is referred to as the defendant, while the injured person is the plaintiff. When you succeed with your lawsuit claim, the law will require the defendant to pay for your medical bills, compensate you for any lost time and other expenses related to the accident.
However, the compensation isn’t automatic, and you must prove the defendant’s negligence and it led to the accident.
What Common Accidents Can Form The Basis For A Personal Injury Lawsuit?
Several accident incidents can give rise to a personal injury claim. Some of these accidents include the following.
1. Road Accidents
With car ownership becoming a necessity, the number of vehicles on the road continues to increase as well. And with road traffic rules and implementations still being far from perfect, it’s no surprise that thousands of road accidents, especially motorcycle accidents, are reported daily around the world. In worst cases, these accidents result in severe injuries and death.
However, plenty of factors may lead to road accidents. While there are accidents caused by bad weather and faulty auto mechanisms, in many cases, they occur as a result of a negligent driver on the road. It could be a driver who didn’t follow traffic rules or have been driving carelessly under the influence of alcohol or drugs.
Negligent drivers can cause road accidents any time, and cause injuries to other motorists. If you get into a road accident, suffer injuries, and suspect that the responsible party may have been negligent, you can file a personal injury lawsuit to seek compensation.
2. Slip And Fall Accidents
Under the law of occupier’s liability, property owners have a legal duty to ensure that people who visit their properties are safe from any harm. This means that a property occupier has a due care duty to ensure their premises are reasonably safe. However, an occupier has no legal duty of care for trespassers.
With that said, if you slip and fall within a premise, you can file for a personal injury lawsuit. However, you must prove that the property owner failed to take reasonable steps that could have prevented the accident from happening.
Property occupiers can avoid slip and fall incident liabilities by highlighting or warning visitors about the accidents that are likely to occur. For instance, a commercial building with an area that contains a sign that says ‘wet floor.’ If you slip and fall on such a floor, the property occupier has no legal duty to compensate you because a proper warning was put in place.
3. Dog Bites
You can also file a personal injury lawsuit if someone else’s dog bites you. If you sustain injuries from a dog bite, the dog owner is legally responsible to cover for your hospital bills. Also, the dog owner may be required to compensate you for any time or financial loss you may have incurred if the injury left you unable to work.
However, you also have to check the laws in your jurisdiction when it comes to dog bites. For instance, in some regions, the laws state that the dog owner can only be responsible for the bite if the dog is too aggressive or has a history of biting. But in other regions, the dog owner automatically becomes financially responsible for the dog bite regardless of whether their dog has a history of biting or not.
Takeaway
As earlier noted, personal injury is any accident sustained by one person due to another person’s negligence. These injuries often arise from road accidents, slip and fall accidents, dog bites and other cases of negligence.
If you’re involved in any of these incidents, consult a lawyer to find out how you can file a personal injury lawsuit and claim your compensation. But to be adequately compensated, you need to build a strong case. Building a robust case can only be possible if you can work with a reputable personal injury lawyer.
