Understanding Personal Injury Law
What is a personal injury claim?
A personal injury is a type of civil claim when one person wants to have another person held accountable for their negligence, recklessness, intentional acts and omissions (in other words: bad conduct), and the injuries and damages caused by such actions.
The claimant (that’s you) can file a personal injury claim against the defendant (that’s the other person or even another company). You can get compensation for your injuries and damages. Damages are money awarded to you by a court of law to compensate you for any injury, loss, or harm caused by another individual’s action(s) or inaction(s). The amount varies depending on the gravity of the injury and the type of action.
Types of personal injury cases
A personal injury can be classified as:
- Wrongful death
- Slip and fall injuries
- Dog bites
- Animal attacks
- Car accident claims
- Semi-Truck Crashes
- Maritime accident claims (if you were injured on a boat)
- Nursing home abuse
- Police brutality
Elements Of A Personal Injury Claim
The following are elements of a personal injury claim. If any of these are met, it is considered an effective personal injury case:
Duty – Every person has the duty to act in a reasonable manner. This can be broken down into two categories:
Breach of the standard of care – This is where negligence comes in. Negligence is when the person breaks the standard of care and causes injury to another person.
Causation – This is where it has been shown that this person’s conduct was the cause of your injuries
Damages – The court must award damages to compensate for your injuries and any other loss
Personal Injury Law: What To Do When Injured
When someone is injured due to the acts or omissions of another person, they can claim damages against such individual. The claimant (the victim) must prove that the defendant (the one at fault) was negligent and their actions led to injuries. This type of legal action is called a personal injury case. A successful plaintiff in a personal injury case is entitled to compensation for the following:
- Physical injuries
- Emotional distress
- Lost wages or loss of future earning capacity
- Medical expenses
- Mental suffering, pain, and inconvenience
The amount that a plaintiff can receive in damages depends on many factors. The type of claim, whether it’s fault-based or no-fault, and the specific jurisdiction where the claim is filed all play a role in determining what kind of damages will be awarded. Accordingly, it is best to speak with an attorney as soon as possible after suffering injuries.
How a Personal Injury Case Can Get Compensated
A personal injury case compensates an injured party for all damages they have incurred, including both economic and non-economic losses. Economic losses are compensable if the victim has documents to prove the expense. This includes medical expenses, lost income due to time missed from work, cost of rehabilitation programs, expert witness fees, travel expenses to obtain necessary medical attention, and any other expenses directly related to the injury. Non-economic losses are also known as “pain and suffering damages” or “general damages.” They include compensation for mental distress, loss of consortium (in cases where people are married), disfigurement, scarring, etc.
Our personal injury attorneys will walk you through the expectations during your free consultation.
Don’t Just Trust The Insurance Company
When you are injured in a car accident or on someone else’s property and working with an insurance company, don’t accept their offers without consulting a personal injury lawyer. Insurance companies operate on a profit and claims agents are trained to do everything in their power to get you to admit fault or otherwise lower the value of your case.
Our firm is familiar with these tactics and will passionately represent you for every penny you need. An experienced law firm is almost always worth it in the end.
You Can’t Afford To Wait — Call Today!
The longer you wait, the less compensation you may be eligible to receive. There are two reasons why you should contact an attorney as soon as possible following your accident:
Many cases have a statute of limitations, meaning you only have a certain amount of time following your accident to file a claim.
Evidence, witnesses, and memory gets lost or covered up over time, giving us less leverage as we fight for a fair outcome.
Our firm has two convenient locations in Winchester and Chattanooga, Tennessee serving Alabama, Georgia, and Tennessee.