You shouldn’t be embarrassed about suffering an injury, especially if it’s another person or organization who caused that pain. Though another individual is partially responsible for the damage, you can obtain compensation with the assistance of a personal injury attorney. Let’s take a closer look at the definition of personal injury complaints, a few personal injury case examples, and the types of personal injury cases.
What Is a Personal Injury Case?
A personal injury case refers to legal disputes that you can file if you were involved in an accident or injured. It can be that another person is legally responsible for that injury. If that’s the case, the responsible owner’s insurance provider will compensate for pain and suffering, medical bills, and other ongoing medical expenses.
Personal injury attorneys will work with a hospital lawyer and an insurance provider if you’re complaining of medical malpractice. Your case becomes formal if your attorney represents you at a court proceeding. Your court trials will find other parties legally at fault through a court judgment.
Before filing a lawsuit, you can resolve such disputes through informal settlement with the other party involved. Personal injury cases can only have two outcomes, including:
Informal Settlement
In fact, you can resolve most disputes over your injury and accident through early informal settlement. You can discuss the settlement with the attorneys representing both parties, their insurance providers, and those personally involved in the dispute. Informal settlements can be in the form of negotiation.
Then, it’s followed by a written agreement where both parties forgo taking legal action. If you go with an informal settlement, you opt to resolve the matter by asking the responsible party to pay an agreeable amount of money.
Formal Lawsuit
A government agency files most criminal cases. On the other hand, a personal injury case starts when a civilian files a civil complaint against a government agency, corporation, business entity, or another person. Most plaintiffs can claim that the defendant acted irresponsibly or recklessly, which caused the injury or accident.
Different Types of Personal Injury Cases
Your personal injury case management attorney could try to reach a mutually beneficial solution through settlement negotiations. If they can’t reach an agreement, they can file a civil lawsuit on your behalf.
You can also resolve a complaint with alternative dispute resolution. For example, most victims have obtained justice through mediation and arbitration rather than an out-of-court settlement or pursuing a civil lawsuit.
Medical Malpractice
Negligent hospitals, nurses, doctors, and other medical practitioners can cause serious injuries. Failure to diagnose severe health conditions, birth injuries, pharmacy errors, medication mistakes, surgical errors, improper treatment, and misdiagnosis are examples of medical malpractice.
Medical malpractice complaints are complicated, so you’ll always need a personal injury attorney.
Workplace Accident
If you get injured while working, you can’t bring a personal injury attorney against your employer. Instead, you should file a claim under the Workers’ Compensation Act. It often requires employers to compensate their injured workers, including lump-sum payment and medical treatment. Each state has its regulations, so make sure to check them out.
Motor Vehicle Accident
If you’ve incurred injuries in a motor vehicle accident, you’re entitled to compensation for your financial loss and injuries. It doesn’t matter if you were a pedestrian, passenger, or driver. Your attorney will protect your rights throughout the legal process.
Products Liability
Defective products will also put you in danger. Improper operations manual or warnings can also result in injuries. Examples of defective products may include toxic chemicals or materials and defective medical devices or vehicle parts.
It can also pertain to harmful children’s or consumer products, food, and drugs. Government entities, manufacturers, or individuals who marketed, manufactured, sold, or designed defective products are usually responsible.
Wrongful Death
Wrongful death is a type of complaint that you can file when someone dies due to the reckless actions of another person. Most complaints come from the use of defective products, airplane accidents, workplace accidents, or medical malpractice.
It may also refer to nursing home neglect, or truck or car collisions. It allows you to get the right compensation unique for your case and different from someone suffering from non-fatal injuries.
Premises Liability
Premises liability refers to accidents resulting from dangerous conditions on someone’s property. These kinds of accidents can occur anywhere, from commercial properties to a neighbor’s property. Examples of premises liability include getting bitten by another person’s pet, slipping on a walkway, tripping over an obstacle, or missing a handrail.
Slip and Fall
Slip and fall complaints are also common examples of a personal injury case. If you own a house, you have to keep your property free from hazards and safe. Doing that keeps people safe from injuries. Not all injuries that happen on your property will result in liability. Your legal duties as a homeowner differ on the regulations set in the area where the injury occurred.
Other Types of Personal Injury Cases
Other kinds of personal injury complaints may include legal malpractice, mesothelioma, asbestos exposure, spinal cord, burn, birth, and brain injuries, animal bites, boating and aviation accidents, and nursing home neglect or abuse.
| More Information About Personal Injury Cases | |
|---|---|
| Things to Do When You Experience Personal Injury | You should be mindful of the statute of limitations, gather documentation and evidence, avoid talking about your case, seek medical attention, and obtain legal representation as soon as you can. |
| What to Remember When There’s a Personal Injury Case Against You | You have three things to prove in court:You should establish that the responsible party is negligent.You should also gather proof that they caused the personal injury.Gather evidence to confirm that your injury resulted in damages. |
| The Personal Injury Claim Process | You should immediately seek medical attention. If you’ve been involved in a major treatment for your injuries, hire a personal injury attorney. Inform your attorney of the individual responsible for your injuries. Gather information and get treated for your injuries. Then, you can start discussing if you want a settlement negotiation. Depending on the agreement in the previous discussion, your complaint can either result in a lawsuit or settlement. If you opted to file a lawsuit, then let your attorney help you with this process. That’s because it can be pretty complicated. |
Protect your rights by scheduling an appointment with the attorneys from Diamond and Diamond Miami if you are in the middle of a personal injury incident.
| “Your immediate action after the incident would determine if you’ll have a strong personal injury case, so act accordingly.” – Diamond & Diamond Miami |
Managing Your Personal Injury Case
Filing a personal injury lawsuit will require a deep understanding of the law, the tedious process, and the facts. If your injuries have affected your quality of life and someone else is responsible for that injury, you can file a compensation claim.
If you have specific questions about filing a complaint, talk to an attorney from Diamond and Diamond Miami. Our team of seasoned attorneys can help you file your complaints to get the proper compensation. We’ve dealt with thousands of similar cases that receive outstanding results. Let our team help you obtain the compensation you deserve.
Dial 1-800-567-HURT for your free consultation.