Every day accidents occur, and many of them cause physical injuries. In terms of road traffic, the United States is one of the busiest nations. Data shows that over 12.15 million vehicles get involved in accidents in the United States. Also, most of the vehicles involved are passenger cars.
So, if you’ve been in an accident, you may be unsure about what to do next. You might be learning about personal injury law for the first time due to your situation. It is also possible that you are unaware of its core rules. If so, get a car accident lawyer at the earliest to explain them to you.
Personal injury law deals with property damage and injuries due to negligence. An auto accident is one of the most common kinds of personal injury cases. But car accidents can occur for many reasons, like careless driving or drunk driving.
In such a situation, it would be perfect to use the law to your benefit. In this blog post, you will learn everything there is to know about personal injury laws. Read on.
What Is Personal Injury Law?
The area of civil law known as personal injury law enables anyone to file a legal claim when they get harmed due to another’s negligent behavior. The law aims to hold those guilty of accidents responsible for the harm they cause. The money is to compensate the injured for their expenses on treatments and damages.
Personal injury includes harm to one’s finances, body, or mind by another person or business. These harms can be direct or indirect. People remain guarded against these injuries by personal injury laws.
Negligence and Intentional Conduct
The causes of personal injuries may range from negligent behavior to planned behavior. Still, the majority of personal injury cases center on negligence. Here is a brief look at both sides.
Negligence means being careless. Of course, people don’t always behave well or foresee harm. But the law considers what is fair in each unique case.
The personal injury law has comparative and contributory negligence. It is possible that more than one party may be at fault for an accident. Even the victim of a personal injury event may bear some blame.
Florida is one of the popular states in the U.S that practices a comparative negligence law under statute 768.81.
Thus, cities in Florida follow the same. So, if you have a personal injury case in Tampa city where you partially bear the blame, hire Tampa Attorneys for personal injury to improve your chances of winning the case. They stand by you in every step of the lawsuit and ensure that you have sound legal representation. Since the lawyers for auto accidents specialize in negotiations, they can also get you the best compensation to cover the expenses which arise from the personal injury.
Contributory negligence law offers no award to the victim if found partly guilty of the accident.
Intentional conduct is the act of trying to harm another person on purpose. An example of this conduct is assault and battery. A legal representative for car accidents can defend you in such cases, too.
When Can You File a Personal Injury Suit?
Image Credits: Pexels
Personal injury law is a branch of tort law. Thus, the government does not punish the offender because it is not a criminal charge.
If, as a potential victim, you want to file a case, it is best to do it as fast as you can. It is because getting evidence becomes hard over time. Also, witnesses’ memories may start to fade.
The statute of limitations is another factor to consider. It describes the period during which a potential victim must bring their case.
Personal Injury law is not always as simple as it seems, so you need the help of an excellent accident lawyer for cars. The lawyer will not focus on showing that the offender broke the law but show that they are guilty because they failed to be careful.
Once your lawyer proves the negligence, the accused is liable to pay the victim for all harm brought on by their conduct. Some damages are simple to measure, while others may be far more difficult.
Always remember never to file any claim without a personal injury lawyer present.
Types of Personal Injury Claims
Below are the common types of injuries sustained by victims. They include:
- Slip and Fall Accident
- No warning about the dangers of a product
- Slander and Libel
- Bite injury from dogs
- Boat accident injury
- Medical malpractice
- Car accident Injury
- Workplace accident
- Wrongful death
- Intentional infliction of emotional distress
- Other types of accidents
Personal Injury Law Makes Compensation Generous
It’s vital to remember that compensation for personal injury claims can be hefty. So, you have to decide how to position yourself. If you’re dealing with a lawyer for car accidents, they may be able to help you choose the right amount of compensation.
In general, monetary awards for personal injuries may cover past and future medical costs. It will also cover for pain and suffering, property damages, and lost wages,
In wrongful death cases, you get compensation for funeral and burial costs. Below are some criteria that determine your compensation in personal injury cases:
The Impact of an Accident
Life-threatening injuries often leave you with a permanent disability. You can still live a good life with a disability. But ensure you get paid for the pain and suffering these losses have caused you.
Injury Kind and Severity
Compensation for a severe brain injury will be far more than for a little cut or bruise. After all, an increase in medical costs relates to an increase in injury severity. Also, remember that major injuries may not always be physical. It can also be mental illnesses such as post-traumatic stress disorder.
It may be tough to put a number on the discomfort of going through rehab, needing to take painkillers, and learning to use support gadgets—a case where the victim takes a longer time to heal results in hefty compensation.
Necessary Medical Care
Even if rest and medication can often repair some ailments, others may need surgery. You may also need rehab, support gear, and other treatments. The cost of your pain and suffering damage will rise the more therapy you need.
Personal Injury Laws Come From Civil Laws
Some states recognize personal injury law as crucial to their long history of fairness. Through legal decisions, personal injury laws came to be. States like Florida go as far as having state statutes that codify their injury laws. A state may codify all its injury law rules to help clarify how they want to apply the law to specific concerns.
Suppose you or your property gets hurt or damaged due to another person’s action or inaction. In that case, you may be able to sue that individual and seek personal injury compensation.
It is not necessary to be an expert in injury law to understand that what is in front of you is a strong case. With everything discussed above, you know what personal injury law is and how it can help you in certain situations.
Also, when you decide to go for a personal injury lawsuit, have a lawyer for car accidents with experience and skills by your side for aggressive advocacy.