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
How Much is a Slip and Fall Claim Settlement Worth?
When filing a slip and fall claim, you might want to consider the amount of compensation. While there’s no defined amount of settlement, a successful claim should adequately compensate you for physical, emotional, and monetary loss. Hiring an experienced lawyer is critical to getting adequate compensation for a valid claim. The article explains the factors […]
Five Safety Products for Motorcycle Riders
Approximately ten percent of motor vehicle deaths in the United States can be attributed to motorcycleaccidents. Safe riding and defensive driving are important to all motor vehicle operations, of course, but making sure you’re stocked up on the right equipment to make your ride as safe as possible is critical to avoiding accidents or, in […]
Car Airbag Injuries: What You Need to Know
Car airbags are designed to save lives in the event of a car crash. They are among the most innovative, auto-safety features of recent decades, and have even been proven effective in reducing driver mortality. However, even though efficient, airbags are sometimes the reason behind fatalities. We explore various airbag defects, the type of injuries […]
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 […]
Causes of Motorcycle Accidents in the United States
Whether due to size, or footprint of the motorcycle, or sheer stability, or a combination of these factors, motorcycles are much more likely to be involved in an accident than other automobiles. Certainly, in some cases, this is a visibility issue as well, with many drivers of other automobiles not looking in their blind spots […]
The Most Common Types of Motorcycle Injury
The Most Common Types of Motorcycle Crashes According to the National Institute of Health, there are four main types of motorcycle crashes. Distinguishing these by category helps determine patterns that can later be used to help treat such accidents. The four main types are: The Most Common Injuries on a Motorcycle In the same study, […]
What You Need to Know about Pain and Suffering in a Personal Injury Case
After a personal injury, you’re typically entitled to claim compensation for two types of damages; economic and non-economic. Economic damages are usually easy to quantify, and commonly include medical bills and lost wages. Non-economic damages on the other hand are difficult to measure, and often include pain and suffering. But what exactly is pain and […]
Workman’s Compensation and COVID in California
This past year has redefined a lot of things we usually take for granted. We’ve experienced new definitions of work, and even health, in general. Between telecommuting, staggered shifts, and widespread relocation, the face of business has changed rapidly. We have seen the rise of “essential workers” and “heroes” among our everyday neighbors and friends. […]
Who is Liable if an Airbag Fails to Deploy During a Car Accident?
An airbag is an automobile device designed to inflate rapidly during an automobile collision. The airbag prevents a person from hitting their face on the dashboard or steering wheel. They’re customarily hidden but inflate instantly when a crash begins. When Are Airbags Supposed to Deploy? As soon as the Airbags work by inflating vehicle starts […]
Motorcycle Safety Tips
Riding a motorcycle is exhilarating and freeing. It also can be quite dangerous. Equip yourself with preparedness to ensure every trip you take ends only with a smile and a safe arrival. As always, if the unfortunate does happen, navigating the aftermath of a motorcycle accident is a large undertaking. We are here to help […]
contact form
