Mishaps happen all of the time to ourselves and even our loved ones. After a serious accident, you may wonder whether you are entitled to receive financial compensation for your injuries. Here is some must know information should you choose to file a personal injury case.
What is deemed a personal injury?
A personal injury is a physical, emotional, or mental damage caused to the person due to someone else’s intentional or irresponsible action. It can be a case brought by the victim to the court to claim compensation. The psychological effect to the person can also be a reason to file a suit as long as the plaintiff can present some proof of his/her situation.
Filing A Personal Injury Case
The case can be filed depending on the circumstances as well as the severity of the injury caused to the victim. It can be due to medical malpractice, pet bites, vehicular accident or poorly maintained property. These instances should show that the accused person is negligent when he/she did these activities. It may also be considered a case if the pieces of evidence indicate that he/she intentionally hurt the victim.
This case should start when a victim also called a plaintiff, sues a defendant which may either be an individual or business. Most of the time, personal injury is caused by negligence, and it is usually happening on business premises. On the other hand, the defendant has the right to present affirmative defenses to defend himself. He or she can show specific evidence or argument stating that he/she is not responsible for the accident.
Some reasons to file a personal injury case are:
- Vehicular accident due to reckless driving
- Assault like gunshot which can cause damage to some parts of the body
- Defective products that can be fatal to human
- Medical malpractice like giving a wrong dose of medicine or recommending a wrong treatment which can be life-threatening
- Faulty equipment in a recreational property that leads to injury
The compensation is mostly given in the form of money. The amount still depends on the severity of injury and expenses due to the incident. The result of medical examinations can also play a significant role in determining compensation. Most of the time, medical evidence should be presented on an additional basis.
Depending on the state, the personal injury claim also has a time limit. It means that the case must be filed on the time limit provided by the court from the date of the incident. If proven that the action of the defendant is intentional, he can also incur additional punishment.
For some reason, a case may not go to trial. It can happen when the plaintiff agrees to resolve the issue through mediation. The settlement may occur in which both parties can negotiate and sign a written agreement. As an example, the defendant can offer to carry the hospital or medical expenses to compensate for the plaintiff. But for those who don’t want a settlement, they can bring the case to the court in which a trial must be held.
If the plaintiff decides to bring the case to the court, the judge is responsible for hearing both parties’ explanations, and then assesses the pieces of evidence and argument they laid out. He should also decide on the compensation based on the calculated damages and other factors that are presented in the trial.
While this is only a few tips, there is more information offered on the internet. Make sure you do your research thoroughly before, during and even after you file a personal injury case. Best of luck to you should you choose this path.