If you are wondering what type of case is a personal injury? Or looking for an injury lawyer in Red Deer, this article is for you.
Read on to find out more personal injury cases and if you should file a claim yourself.
What is a Personal Injury Case?
A personal injury case involves bodily or mental harm to a person caused by negligence. Most cases result from accidents where the victim is injured and sues the other party for the accident damages.
There are a variety of situations where a claim is valid, but not all can result in legal liability. Most cases can be dealt with out-of-court settlements using both parties’ lawyers and insurers.
However, the victim can also file a formal lawsuit alleging that the other party’s carelessness or irresponsibility leads to the accident. The victim may receive financial compensation if the court deems that the defendant was at fault for the incident.
Most Common Types of Personal Injury Cases
There is a myriad of ways a personal injury can take place. Below is a list of the most common causes of personal injury where another party was at fault for the incident:
Auto accident
Auto accidents are the most common instances where personal injury cases take place, with over half a million accidents in North America every year. Whenever an injury or death occurs in an auto accident, there is usually a person at fault, and the victim may be subject to compensation.
If you or your loved one was involved in an auto incident, a car or bus accident lawyer might be your best bet to get a favourable settlement.
Defamation
Defamation through libel or slander refers to an injury to a person’s reputation due to untrue statements.
The cases usually depend on who they are and the forum where the statements were made. The average person needs to prove that a false statement was made and they were financially affected by it.
Product liability
A product liability suit can be claimed when injuries occur due to defective or dangerous products. Products like dangerous drugs, malfunctioning children’s toys and defective medical devices can result in a product liability lawsuit.
Workplace Injury
Injuries in the workplace are the employer’s liability. And are usually managed by insurance and laws safeguarding employees. However, in different jurisdictions, a lawyer might be required to successfully process a workplace injury claim.
Medical Malpractice
By far the most complex and sensitive area in personal injury claims and thus requires an experienced medical malpractice lawyer to navigate.
If medical personnel administer drugs or provide treatment that is below required standards, leading to injury, then there are grounds for a claim to be made.
Other mentionable types of claims include Slip and Fall, Dog bites and Assault.
What kind of settlement can you get?
If you or your loved one has made a personal injury claim, then they can be awarded compensation for two types of damages if the case goes in their favour:
Economic damages
Hospital expenditure, loss of income, past and future, and other miscellaneous costs that the victim may incur due to the incident can be part of the personal injury claim.
Economic damage compensation is usually standard in most cases. However, this depends on the severity of the injury.
Non-economic damages
Also known as pain and suffering damages are the intangible effects caused to the victim by the incident. It is usually a lawyer’s job to consider multiple factors, including age, nature of the injury, emotional damage, etcetera, to file a fair and reasonable claim.
What to know before launching a claim?
It is crucial to speak to a lawyer to ascertain if you have the legal grounds to file a case. They will also help you understand your worth. And this may help you avoid a low-ball offer from the defendant’s lawyers or insurers
They can also help you prepare a case by doing the necessary due diligence and help you get additional evidence from medical practitioners to validate your claims.
Another thing to note is the statute of limitations, the time limit to file a claim. It is best to talk to lawyers early on to get an accurate timeline as it differs from state to state.
Conclusion
Although accidents are an unfortunate reality of life, there are structures to ease the suffering caused by the incident and prosecute the ones at fault.
If you or a loved one have been the victim of these cases mentioned above, you must speak to an experienced lawyer immediately to get a favourable outcome, despite the complications.
