Wednesday, November 11, 2020

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 the injuries they sustained during the crash, ranging anywhere from superficial lacerations to life-altering spinal damage. Each of these conditions are considered to be personal injuries, and each merits the pursuit of legal action. You should not be the one footing the bill for your medical expenses, since the crash was not your fault. 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.

Personal Injury Solicitors Wirral - Williamsons Solicitors

Though accidents can result in a wide array of physical consequences, there are a handful of injuries that 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 unique details and consequences of the incident. Still, they will all share a few commonalities in terms of 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, the average time a victim has to file a personal injury claim is about two years. Neglecting this timeline can result in the waiver or loss of your right to file a lawsuit.
  • Assignment of liability. As the victim, the burden of proof will fall on your shoulders when determining the fault of the negligent party. This is a critical step in the progress of your case, as insurers are known to try their best to avoid a payout to victims. You and your lawyer must present enough information of 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 been paying little attention during a 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.

If you sustained physical harm, your claim will be considered as a personal injury case. 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.

 




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