Life is pretty unpredictable. One minute you’re healthy and bubbly, the next one you are nursing an injury due to someone else’s negligence. But the fact that life is unpredictable does not in any way reduce the pain and confusion that may arise when you find yourself in harm’s way due to another person’s negligence. If you’ve recently been injured and it is someone else fault, then you may have a viable personal injury claim. That is why below we unpack all you need to know about personal injury cases.
What is a Personal Injury Case?
A personal injury case refers to a lawsuit that arises when an individual suffers harm in an accident or incident due to another person’s negligence. In that light, personal injury law, also known as tort law, aims at offering compensation to victims of accidents that occur due to another individual’s negligence or, rather, wrongful conduct. Personal injury cases may arise due to;
-Motor vehicle accidents-Premise liability
-Medical malpractice
-Defamation
-Assault and other intentional acts
-Dog bites
The Legal Elements of a Personal Injury Case
Although personal injury cases seek to compensate victims of wrongful conduct, they’re not straightforward as they may sound. To start with, they are subject to the statute of limitations. Usually, victims are required to file their claim within two years after the accident. Failing to file the claim within this window means they lose the right to ever seek compensation. Also note, although personal injury cases seek to compensate victims for their pain and suffering, they may sometimes share the liability for the accident. For instance, if an accident is caused by a drunk driver and the victim was on their phone, they may be partially responsible for the accident, and as such, they may get reduced compensation.
The personal injury Claim Process
If you’ve been injured in an accident that is a result of someone else’s wrongful conduct, you may have a viable personal injury claim. But given the complexity associated with cases in this category, where do you even start? Well, while every personal injury case is unique, the typical claim process at RS Law Offices usually goes as follows:
Get Medical Treatment
Getting medical help is the first thing you should do after you get injured. What this means is you should not hesitate to visit the hospital even if you only have minor injuries. Failing to get Medical treatment creates the impression that your injuries are not serious, and may result in you not getting rightful compensation.
Consult Our Personal Injury Lawyers
As noted, personal injury cases can be quite complex. To get the compensation, you must prove negligence by proving that the defendant owed you a duty of care. You must also prove that they failed to execute this duty, and your injury or loss is a direct result of their negligence. Remember, you may also find yourself in a situation where you share the liability. Therefore, while it’s possible to handle a personal injury claim yourself, it’s never a good idea. Meet with one of our highly experienced personal injury attorneys for a free and confidential consultation.
The Investigation Process
When you decide to hire RS Law Office, our proficient and hospitable lawyer will initiate the process by compiling all your medical records, bills and other documents relevant to the case in hand. They will also send these documents and a demand letter to the defendant’s insurer.
The Negotiation Process
Note, a personal injury case may settle outside court if the defendant’s insurance company makes offers. At RS Law Offices, we have your best interests at heart, and our goal is to get you the compensation you deserve. You can rest assured we will not pressure you into accepting any offers. We work at your own pace, and give you the ultimate authority to accept or reject any settlement offers by the defendant’s insurer. If you find the offer appealing, our attorney will then guide you through settlement. If you do not like it, then with the help of our attorney, the case proceeds to trial. Get in touch with us today to get started.
blogs
Pedestrian Safety in Cold Weather
When it’s cold outside, people drive worse than they did before. If you’re a pedestrian, you need to take extra precautions during the cold weather and, if you’re driving, you need to keep an extra eye out for pedestrians who are even harder to see, especially if snow is lowering your visibility. Safety is always […]
Tips for Avoiding Slip & Fall Accidents
Slipping and falling is hilarious in the movies and on TV, but when you enter the real world, slipsand falls are some of the most dangerous causes of personal injuries one can experience outside of a vehicle accident. Slip and fall accidents can happen anywhere and for many reasons – a simple spill, a loose […]
Bicycle Accidents
Bicycles may be a reliably safe mode of transportation but, as in so many accidents out in the world, the problem is not often with the mode of transportation you’re in, but how the person who hits you is traveling. Every year, more than 50,000 bicyclists are injured in collisions with automobiles. Too few of […]
Winter Rideshare Safety Tips
Winter driving is no joke in general. Everyone needs to slow down and be sure to take the proper winter driving precautions, but if you drive a rideshare, your point-to-point driving makes you more vulnerable to getting in an accident than if you were simply driving to and from work. Add to this the dangers […]
What to Look for When Hiring an Attorney
In Arizona and California, two big car cultures on the grow, you’re statistically more likely to be involved in some sort of motor vehicle accident or have some other legal concerns surrounding your automobile. Other injuries, like dog bites and slip and falls, are all-too common, and can be difficult to navigate with some kind […]
Motorcycle Safety Tips for Cold Weather
Driving any vehicle in cold weather and especially snow is going to make for a much more difficult time than driving in dry, comfortable weather. With enough preparation and all of the right gear, it is possible to mitigate many of these problems, but without them, you run the risk of a deadly accident. Before […]
Tips for Avoiding Motorcycle Accidents
Motorcycles as a mode of transportation are inherently moredangerous than others. Because of this, motorcycle drivers have an extra onus on them to be the safest drivers possible. Many motorcycle accidents are caused due to careless motorcycle driving, and while you may think you’re one of the safe ones, anyone can be caught off guard. […]
Slip and Fall Injuries in Arizona and California
In desert climates especially, some property managers have a tendency to not count on inclement weather when it comes to the upkeep of their properties. This means that, over time, things like rain and seismic shifts can slowly wear away at all kinds of surfaces, making them unsafe to walk on. While property managers may […]
Winter Driving Safety Tips
Having your winter tires installed on your car and packing a windshield scraper is a good start to being prepared to drive in the winter, but as the cold weather gets harsher, the driving conditions get worse. With this comes the tendency for some people to overcorrect or not know how to stop properly, or […]
Five Things to Know About Bike Accidents in Arizona
Bicycling may be the way to go for sustainable transportation, but that’s all the more reason why anyone in Arizona should make sure to practice basic bicycle safety. Over 47 million people in the United States ride bicycles, and that number will likely increase as some urban centers move away from fossil fuels and even […]
formulario de contacto
