Personal Injury is defined as injury to a person’s body, mind or emotions, as opposed to injury to property. Such cases involve legal disputes arising when a person suffers bodily harm or injury (including emotional distress) as a direct result of someone else’s actions.
A Personal Injury case may be filed in order to hold that person responsible and can be formalized through civil court proceedings via a court judgment. Alternatively, such disputes may also be resolved through informal settlements before any lawsuit is filed, which is a more common occurrence.
There are several types of personal injury claims that can be brought against an individual or entity. However, the more common ones include –
Negligence usually describes a situation when someone does something wrong, which causes someone else to get hurt. A person can be held liable for any damages they cause through their careless or ‘negligent’ behavior.
Negligence can include simple examples such as forgetting to lock your front gate and letting your dog run free and attack someone, or much more complex events that cause a series of events to take place.
What should I do when I’m in an accident?
If you’re in an accident, there is a list of things you need to keep in mind that include –
When seeking reimbursement, it is common for people to face issues with insurance companies. If you’re facing trouble getting your medical bills paid, seek the counsel of a Personal Injury attorney. Attorneys have experience working with insurers and can get you the highest possible settlement.
They are also experienced in obtaining compensation for general damages that are usually difficult to determine such as pain and suffering, and mental anguish, which is in addition to the actual costs of your medical bills.
Statute of Limitations – Under local, state and federal law, you have a short period of time during which you need to file your claim in case you have been injured in an accident or have incurred property damage. This time limit is called the statue of limitations and varies by state. If you feel the need for an attorney to help you with your claim, contact one as soon as possible.
Personal Injury claims vary extensively based on the type of accident and injuries sustained, which can also be varied in nature. This is why it is virtually impossible to predict how long it will take for a claim to be settled or resolved.
The final amount is decided according to ‘damages’ incurred. These damages are based on procedures used to figure out what your injuries have cost you monetarily, physically and mentally. A figure can be agreed upon after a negotiated settlement involving the concerned parties, their insurance companies and their lawyers. Alternatively, they may be ordered by a judge or jury following a court trial.
Lawsuits involving personal injury claims can take months or in some cases, even years to reach a settlement agreement with the parties responsible for the injuries and other losses. Many settlement agreements are reached during the pre-trial period. However, if your case is complex, the entire process can take several months or even years to complete.
‘Slip and fall’ is a term used for personal injury cases where a person slips or trips and is injured on someone else’s property. These cases typically fall under a broader category of cases known as ‘premises liability’. Slip and fall accidents usually occur on property that is owned or maintained by someone else, and the property owner may be held legally liable.
Some examples of dangerous conditions that may cause slip and fall accidents include –
In any event, it is important that the plaintiff must have suffered some kind of injury in order to be in a position to file a claim.
Wrongful Death claims can arise in situations where an entity or an individual engages in negligent activity, is careless or intentionally breaches his or her legal obligation, directly causing the death of a person. When a person dies or is killed as a result of the negligence or misconduct of another, including murder, the surviving members of the victim’s family may sue for ‘wrongful death’. It is important to note that a lawsuit for wrongful death may only be brought by the personal representative of the decedent’s estate.
Some examples of situations that may lead to a wrongful death claim include –
Our office is located at 4600 Sheridan St #205, Hollywood, FL 33021. You can call us on 954-961-2082 or email us at schiffrinlaw@bellsouth.net.