Accidents can happen at any time and in any place. It is sometimes inevitable that you encounter mishaps that may bring you harm. However, there are instances when these accidents are due to a person’s negligence. When this happens, you might want to take legal actions and file a personal injury case.
Personal injury cases are defined as legal disputes that happen when a person is legally accountable for causing injury and harm to someone else. So how do you know that an incident warrants a filing of a lawsuit? Consult an expert such as these Norfolk personal injury lawyers.
Don’t just jump into the fray without knowing the limitations of personal injury claims. Most of the time, parties involved in the incident can resolve it through informal settlement. After negotiations, there should be a written agreement or contract which states that neither of the parties would take further legal actions. You should agree to a certain amount of money as compensation for the damage and injuries incurred. When you opt to file a formal lawsuit, you can start by submitting an official complaint against the other party.
Now that you have a basic knowledge of what a personal injury is, here are some cases wherein a personal injury claim is warranted:
These are one of the most common types of cases in personal injury law. These types of accidents often occur when one party fails to abide by the rules of the road, drives recklessly, or worse, drives under the influence. When you can prove that the perpetrator is guilty, the court shall require him or her to pay for the expenses that you have sustained. There is also a circumstance termed as “no fault” wherein no one is really to blame for the mishap. In which case, both parties would have to pay for their own injuries or call their own insurance companies.
Workplace Accidents and Premise Liability
Workplaces and establishments have a legal duty to maintain a safe and hazard-free environment for their employees and clients. Safety codes and standards are put in place so that the owners would follow them and lessen the chances of injuries within their establishments. Slips and falls are a kind of personal injury case. In these cases, the laws differ from place to place.
Personal injury also includes accidents that occur due to a medical practitioner’s negligence. Misdiagnosis, faulty medications, and more may result in a disability, injury, or death of a patient. In which case, the patient can file a personal injury claim against the medical practitioner.
Even injuries caused by a dog can be a personal injury case. In these instances, the dog owners are responsible for the bites and any other injury their pet might have caused. They need to financially compensate the harmed party. Strict state laws would hold the dog owner liable for the damages caused by the dog even though it has never exhibited any form of aggression prior to that incident. More lenient states have a “one bite” rule, which states that an owner is only held liable if the dog has a history of showing aggression and inflicting injury.
If you believe that an incident you have encountered has matched any of the cases above, do not hesitate to go to a lawyer for a consultation. It is better if you can provide proof of the case to increase the chances of success. However, it is best to try and avoid accidents altogether to save yourself the hassle of filing a legal case.