Types of Personal Injury Cases
Anytime you are injured due to another individual’s negligence or an intentional act, you are legally entitled to receive compensation from the party at fault after filing a personal injury claim.
Many different circumstances warrant a personal injury case, from automobile accidents, medical malpractice, and slip and fall claims, to defamation and various other intentional “torts,” an instance where a victim can receive compensation for their losses as a result of the wrongdoing of others.
However, it is essential to remember that all types of injury do not justify a claim.
In order to help you better navigate your personal injury case, we have listed the most common types of personal injury cases, as well as what constitutes legal liability.
Auto Accidents (Automobile, Motorcycle & Pedestrian)
There are three different types of personal injury cases pertaining to auto accidents. Each of these follows a similar process of establishing liability.
For accidents involving two automobiles, a motorcycle and an automobile, or a pedestrian and an automobile, one must first move out of harm’s way, call the police, and then contact their insurance company as well as the insurance company of the other driver involved in the collision.
Next, collect all relevant information from the other driver. Then do a web search of personal injury lawyers and find one in your area.
Finally, schedule a consultation with the lawyer you choose, and they will advise you on how to proceed.
If proven that the other party caused the collision out of negligence or intention, they will be liable for all expenses included in your personal injury lawsuit.
Automobile Accident Personal Injury Cases
After an accident, victims may face costly medical bills, pain and suffering, the additional expenses that come with a totaled vehicle, and the inability to attend work.
Though you may be free of blame, insurance companies will not dispense compensation unless you prove that your claim is valid and that the at-fault party is liable—due to negligence or intention.
Do not allow your quality of life to diminish without adequate compensation. Instead, immediately following your accident, take action to complete all relevant details and formalities that can help you build your case.
Read on for the proper steps to take after being the victim of an auto accident personal injury.
Begin Building Your Claim Immediately
It is possible to begin building your case even while still at the scene of the accident. First, of course, move out of the way of danger and call the police. Then, exchange insurance information and follow all orders from the paramedics once they arrive at the scene. It is essential to never refuse medical care, as any refusals or delays can weaken your future claim immensely.
After receiving care, return to the scene of the accident and gather as much information as possible. Relevant information includes photos, eye-witness testimonies, and any other evidence that suggests you were not at fault. Any medical and police reports will bolster your claim, but additional evidence will help as well.
Contact Insurance Companies
Even if the accident was not your fault, it is still crucial to make your insurance company aware of your situation. After notifying your insurer, you will be able to access any policy benefits—such as repair reimbursement and med-pay, which can significantly help pay bills if the other party does not have insurance.
Furthermore, contacting your insurance company will also protect you if the other driver seeks the services of a personal injury lawyer. In the event that the other party’s lawyer contacts your insurance before you do so yourself, it may become more challenging to prove your claim.
Establish the Value of Your Claim with Your Lawyer
If you have not already contacted an auto accident injury lawyer, now is the time to do so. Lawyers will play a crucial part in determining the value of your claim. For one, they will document all damages. The damages that result from a wreck refer to any losses associated with personal injury and property damage.
Medical bills, pain and suffering, and any other expenses are known as personal injury damages. In contrast, any damages to your vehicle and its contents determine property damage. Therefore, if you do not have any damages, you do not have a claim.
Your attorney will calculate the total amount of personal injury and property damages and send this information as a demand letter to the other party’s insurance company.
Negotiate a Payout
When you are the victim of auto accident injuries, the ultimate goal of your claim is to receive compensation in the form of a payout from the other driver’s insurance company. With the help of your personal injury attorney, they will organize and present all evidence that clearly shows that the driver’s negligence caused the accident.
Your lawyer can prove that the other driver not only caused the accident, but also that the other injuries and damages you experienced would not be possible if not for their negligence.
Every car accident case is distinct from one another. Your insurance claim could take months or even years before settling. For this reason, it is vital to act quickly and begin building your case from the moment of your accident. And, remember, the best and most accurate results are only possible with the help of an attorney. Especially an attorney specializing in personal injury cases.
You know that you are not at fault. So, take a deep breath, and begin working to achieve the compensation that you deserve.
Motorcycle Accident Personal Injury Cases
When you are the victim of a motorcycle accident and survive, you are truly lucky to be alive.
Unfortunately, the number of motorcycle drivers who die as a result of a collision with another vehicle is very high, as the impact protection offered by a motorcycle (compared to that of an automobile) is simply unparalleled.
Therefore, anytime you are the victim of a motorcycle accident, it is imperative to act fast. Immediately start building your personal injury claim to establish liability for the party at fault, and begin seeking the compensation that you so rightfully deserve.
The following outlines the steps one should take following their motorcycle accident.
Don’t Wait to File a Claim—There are Deadlines!
Even while you are still at the scene of the accident, as long as you can safely do so, begin documenting all that you can in preparation for filing your claim. This includes recording any and all medical bills and receipts, police reports, all symptoms of your injuries, as well as insurance correspondence between both you and your company, and the company of the other driver. All of this information can help strengthen your claim.
Next, contact a motorcycle injury lawyer, who will assist you in the additional steps that you will have to take before seeking compensation in your personal injury lawsuit. There is nothing worse than finally building up the courage to pursue legal action, only to discover that the statute of limitations has expired for submitting your claim. When that happens, you must accept that there is nothing more that you can do to seek financial compensation for your injuries and damages. Therefore, you should never wait to file your claim.
Allow Your Lawyer to Establish Fault and Liability
Using the evidence that you have gathered, your lawyer will work with you to establish which party is at fault. Those at fault are therefore liable for the accident and all subsequent injuries and damages that occurred. In order to prove fault, you will need to show that the other driver indeed caused the accident and that all injuries and damages were, in fact, a direct result of the driver’s negligence.
After providing the evidence and establishing that the other party caused the accident, your lawyer will submit all relevant documents to the other driver’s insurance company. At that point, negotiations for a settlement will begin.
Determine What Your Case Is Worth
As previously mentioned, when a motorcycle driver is involved in an accident with another vehicle, they are lucky to even be in the position of considering filing a claim, as so many unfortunately lose their lives. Therefore, those who survive these types of accidents often experience pain and suffering for years due to their extensive injuries—in addition to the other damages and losses as consequences of the incident.
Your injuries, medical expenses, lost pay, and any other damages contribute to the overall worth of your personal injury case. For this reason, it’s crucial that you document every hardship that you experience during and following the recovery from your accident.
Importance of Contacting a Motorcycle Accident Attorney
There is nothing more daunting than preparing your claim for review by a judge and your insurance company. You must include so many important details to receive the maximum amount of compensation you deserve. For this reason, we recommend that you consider motorcycle injury lawyers when you decide to move forward with your claim.
Your attorney will possess extensive knowledge about the legal process of filing a personal auto injury claim. In addition to providing assistance with establishing liability and fault, they will also be able to deal with the insurance companies and medical experts so that you do not have to. Furthermore, your attorney will handle and keep track of all relevant paperwork and documents, as well as ultimately file your claim. Finally, they will guide you through the complex and confusing process of litigation.
Pedestrian Accident Personal Injury Cases
When you are walking across a parking lot or crosswalk—or simply enjoying a stroll through your neighborhood, you have every reason to believe that the journey will be safe and devoid of any accidents.
However, if you are indeed following all laws of pedestrians, yet nonetheless are struck by a vehicle, then you are entitled to compensation from the party at fault’s insurance company.
You can use this compensation for medical bills, pain and suffering, and any other expenses that resulted.
We understand how daunting it can be when dealing with personal injury lawyers as you work through the legal process and file a personal injury claim. So, we have created a list of the steps you should take immediately after being the victim of an accident.
Steps to Follow Immediately After Getting Hit
Of course, after being struck, your number one priority is getting to a place of safety—if you’re physically able. The last thing you need is for another vehicle not to notice you. If you’re hurt, shout and wave your arms until someone sees you.
Most likely, you will be en route to the hospital momentarily. However, even if you are simply knocked over and sustain minimal injury from the collision, then what comes next is very important. You’ll need to build your future personal injury lawsuit against the driver of the vehicle.
Even if you feel unharmed, keep the driver at the scene and call the police. Exchange insurance information, take photos of the vehicle, the location of the accident, and the surrounding area. Additionally, document all medical care and a list of your symptoms.
You will need to make your insurance company aware of the accident immediately. This avoids the other party’s lawyer from doing so before you. And that can complicate your case and discredit your claims.
Contact Your Lawyer
At this point, after you’ve been treated for your injuries and gone through all of the formalities with the hospital, law enforcement, and your insurance company, you should contact a pedestrian accident lawyer.
Regardless of how minimal the damages are, personal injury lawyers can help you achieve the maximum amount of compensation possible for your accident. They can also guide you through the entire litigation process. In some cases, the process can take up to a year before the victim receives any compensation.
Therefore, for these reasons, pedestrian accident lawyers are crucial to ensuring that you win your case in the end.
Determine the Party at Fault
With the evidence that you and your lawyer have gathered and documented, you can begin forming your case. However, in order to do so, you must first determine the party at fault. This is accomplished by proving: a.) that the accident was not your fault, and b.) that the driver’s negligence caused all injuries and damages directly resulting from the accident.
The photos taken at the scene, police reports, and medical reports—in addition to any eye-witness testimony, should be enough to prove that the driver was totally at fault. They may have simply not paid attention to the road or surrounding pedestrians.
Next, your lawyer will send all documents to the driver’s insurance company. Then the two of you can begin the process of negotiating a settlement.
Dealing with Insurance Companies
To receive a settlement that covers all expenses you have accumulated—from hospital bills, damages, lawyer fees, and additional costs—all documentation outlining these expenses must be sent to the driver’s insurance company when filing your claim.
Your lawyer will assist in these matters, but it is imperative to include everything. From your injuries to the pay you lost from missing work. After all, you were the one minding your business and abiding by the law.
Therefore, you deserve proper reparations for the accident you played no role in causing. Ultimately, when in this position, you must remember to act fast and document everything. Also, seek the assistance of a personal injury lawyer as soon as possible.
When injured as a result of a surgery or treatment that you believe was improperly administered by a doctor or other healthcare professional, you may be entitled to compensation for medical malpractice.
Essentially, medical malpractice results from any type of medical care that falls below the appropriate standard of care and results in an injury.
While these types of personal injury claims are more difficult to prove, you should still immediately contact a lawyer and begin building a case if you believe that medical malpractice caused your injuries.
Slip and Fall Claims
Anytime that you are at your job, the grocery store, or any other type of business, you have reason to believe that you will not slip or fall and become injured as a result.
Business and property owners are legally responsible for any hazards that undermine a visiting individual’s safety. Of course, all instances in which injury occurs do not constitute a liability for the owner; however, you should nonetheless reach out to a personal injury lawyer and discuss whether receiving compensation for your injuries is possible.
Libel, or written defamation, and slander, or spoken defamation, are terms that describe the situation where an individual’s reputation is damaged due to untrue public statements.
In order to receive compensation for this type of personal injury case, you must first be able to prove that “actual malice” took place, or, in other words, that financial loss resulted from the false statements being made public.
Other Intentional Torts
While negligence is the basis for other types of personal injury cases, intentional torts deal with accidents caused by intention. Assault and battery are examples of this type of case.
Therefore, if you are a victim of a physical assault, you may receive legal compensation from the perpetrator after you file a claim stating the nature of the attack as well as your injuries.
Above all else, if you have become injured due to another’s negligence or intentions, you deserve compensation to cover all legal, medical, and additional expenses amassed from your injury.
The key to achieving this is being proactive in developing and filing your claim with the assistance of an experienced personal injury lawyer. The faster you act following an injury, the more likely it is that you will win your case and receive adequate compensation.
The Law Firm of Wood, Atter, & Wolf
At Wood, Atter, & Wolf, our lawyers have over 62 combined years of experience, have recovered over $240 million for our clients, and have won over 10,000 cases.
We have lawyers with experience in personal injury law and can assist with cases relating to car accidents, medical malpractice, trucking or motorcycle accidents, wrongful deaths, and more.
We focus on our clients. And we work to ensure that they get the compensation they deserve from their injuries. If you are searching for the best personal injury lawyers for your case, please contact us at (904)355-8888 or visit our website at https://www.woodatter.com.
With the right help, you will get what you deserve and will be able to lead a healthy, fulfilling life. Please visit our website for more information and to schedule a consultation.
Contact Us Today
If you are facing a personal injury case and need legal advice or help with a case, it’s best to speak to an experienced personal injury attorney. Call the team at Wood, Atter & Wolf, P.A. for a consultation to discuss your legal needs.
If you believe you will need legal representation, call us today. We can help you get through this trying time and get you and your family on the right path.