Thursday, June 13, 2024

What is Considered a Personal Injury?

 Your life is likely to be dramatically changed after a car accident. For most victims, this is because of their injuries during the crash, ranging from superficial lacerations to life-altering spinal damage. Each condition is considered a personal injury, and each merits legal action. Since the impact was not your fault, you should not be footing the bill for your medical expenses. When you find yourself hurt after a collision, the experienced and knowledgeable lawyers at Rutter Mills have provided important information that clarifies what constitutes a personal injury and, thus, justifies an injury claim for compensation. Though accidents can result in a wide array of physical consequences, a handful of injuries far exceed others in the frequency with which they occur. Examples of the most common injuries that accident victims incur are as follows:

 

  • Traumatic brain injuries (TBIs)
  • Neck and back injuries
  • Whiplash (depending on the effects, this can be considered either a brain or neck injury)
  • Fractures or sprains
  • Lacerations
  • Burns
  • Spinal cord injuries

Each of these injuries takes a different amount of time to heal. Some can have more lasting effects than others, especially when they result in nerve damage. Thus, they will require varying amounts in compensation, meaning that you will approach each case differently according to the incident’s unique details and consequences. Still, they will all share a few commonalities regarding the legal implications.

For example, each of the injury types listed above will require you to address and adhere to the following in your case:

Statute of Limitations.

Across the United States, a victim’s average time to file a personal injury claim is about two years. Neglecting this timeline can result in waiving or losing your right to file a lawsuit.

Assignment of liability.

As the victim, the burden of proof will fall on you when determining the fault of the negligent party. This is a critical step in your case’s progress, as insurers are known to try their best to avoid a payout to victims. You and your lawyer must present enough information about your accident that demonstrates more than 50% liability belonging to the defendant.

Further Details to Be Aware of When Proceeding with a Personal Injury Claim

Car accidents are not the only instances in which you may incur a personal injury. Your physician may have paid little attention during surgery, resulting in internal organ damage. Such a case would be classified as medical malpractice. You may have been walking on someone else’s property and slipped and fell on a hazardous substance.

Your claim would be considered a personal injury if you sustained physical harm. In all such circumstances, to prove liability, your presented evidence would need to demonstrate that the negligent party owed a duty of care to you and that their failure to fulfill this duty of care was the direct cause of your injury.

Normally, you can expect anywhere between $3,000 to $75,000 in compensation as long as you secure the assistance of a lawyer. With legal guidance, you can rest assured that your case will be proficiently and professionally resolved in as little time as possible.

William J. McGoldrick
William J. McGoldrick
Passionate beer maven. Social media advocate. Hipster-friendly music scholar. Thinker. Garnered an industry award while merchandising cannibalism in Gainesville, FL. Have some experience importing human hair in Minneapolis, MN. Won several awards for consulting about race cars in the government sector. Crossed the country developing strategies for clip-on ties in Washington, DC. Spent a weekend implementing Virgin Mary figurines in West Palm Beach, FL. Had moderate success promoting Elvis Presley in Ocean City, NJ.

Related Articles

Latest Articles