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A personal injury is an injury to the body, but can also include mental and emotional injuries. Personal injuries do not include injuries to property.
A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under the same or similar circumstances. The hypothetical reasonable person provides an objective by which the conduct of others is judged. Using the truck driver example above, the driver who failed to strap down the heavy machinery on his truck would be considered negligent if other truck drivers hauling the same machinery would typically strap such machinery down.
Medical bills can be included in injury claims. They are considered part of the economic damages suffered as a result of the injury. Other economic damages are lost wages, time off work as well as future expenses that will be required.
There are also non-economic damages that can be included in an injury claim. They include, but are not limited to, pain and suffering as well as disability and emotional distress.
The simple answer is no. There is no minimum or maximum amount anyone can tell you your case will be worth. Personal injury settlements depend on many factors, including the injuries, medical bills, lost wages, and whether or not you are willing to settle with the insurance company or if you decide to go to court.
No, all personal injury claims do not go to trial. Most are settled with the insurance company of the party at fault.
When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us. That means doing something that a reasonably prudent person would do under the same circumstances. For example, when we drive a car, we owe a duty to drive safely to everyone else on the highway and to the pedestrians around us. Similarly, when a company manufactures a car, it has the duty to make sure it is manufactured safely. The extent of a duty to act safely, though, is often the complicated part of a lawsuit.
Yes. Every state has its own statute of limitations, which means every state has its own rules regarding how long you have to file a lawsuit after the accident or incident that caused the injury. If you do not file your personal injury claim within the statute of limitations, you will lose your right to sue.
It is a good idea to contact an attorney in your area if you are unfamiliar with your state’s statute of limitations. The specific time frame permitted for filing a law suit varies not only by the state but can also vary depending on the type of personal injury claim.
If you file a personal injury lawsuit, the attorney for the defendant will likely “depose” you or take your deposition. A deposition is the process in which the defendant’s attorney asks you questions about the accident and your answers are recorded. You swear to tell the truth before you answer. A deposition is usually done in a conference room. Later, if you testify in court, your answers will be compared to your deposition testimony and the defendant will question you as to any inconsistencies.
If you have been injured and it was not your fault, you may want to recover for your injuries and expenses. While you can try and handle a personal injury claim on your own, it is a good idea to seek legal assistance in the following situations:
There are many other reasons why you would want to hire an attorney. Most often people who hire an attorney receive a larger settlement than people who do not hire an attorney. Additionally, if you have been injured it is a good idea to have an attorney handle the stress of a personal injury case while you focus on your recovery.
Injuries cost money, including time away from work, medical bills and other complications. You should have an attorney help you with your claim. Not sure if you have a good injury case? Speak to a local personal injury attorney about the merits of your case. This one step can help you protect your rights and take the proper next steps.