Injuries Law
injuries-law

Personal Injury

Definition

 

Personal injury legally means an accident or mishappening that has caused damage resulting in mental, physical or psychological pain. Any of the bodily injury as a result of an attack, negligence or accident can also be categorized as personal injury. One can file law suit against the person, agency, association, corporate or any group that is responsible for the damage and can claim economic compensation for the loss.

The issue of personal injury initiates by assessing whether the person or body you are claiming against is actually responsible for the damage caused. The next step in the process would be to evaluate if the economic compensation claimed truly reflects the extent of damage or loss suffered.

 

If both of the above mentioned conditions are satisfied, you have a personal injury case. Each state has its own statutes of limitations that determine the amount of time a person has to file for the claim. An attorney should be contacted as early as possible to file a law suit for personal injury. Only an expert personal injury lawyer can guide you in complicated issues like personal injury.

 

Some of the key issues that come under personal injury laws are:

  • Road accidents
  • Bus accidents
  • Animal bites
  • Wrongful death
  • Slip and fall
  • Workplace injuries
  • Catastrophic injuries
  • Aviation accidents
  • Trucking accidents
  • Motorcycle accidents
  • Boat accidents head & brain trauma
  • Nursing home abuse
  • An injury or illness from a holiday or traveling abroad.
  • An illness caused through medical negligence.
  • Injuries caused by a product you have purchased

Personal injury also means any injury resulting from:

  • Libel
  • Slander
  • Malicious prosecution
  • False arrest

 

What should you do when you want to claim for personal injury?

Two critical issues in any legal claim after an accident or injury are:

 

  1. What exactly happened during the incident that gave rise to the claim?
  2. What kind of harm resulted?

 

What shall you make note of?

Just note down exactly what happened before, during and after the accident. Mention the time, place weather condition, people present, words said. How the incident played out, what you felt and experienced and anything that you may consider is worth to mention.

 

The next thing to record is to make a note of your injuries and extent up to which you have suffered (physical, mental and financial). Medical treatment you received, the number of days you missed to work, meeting, vacations or any such schedules that are being cancelled or postponed and the affect of your injuries on your close family relationship

 

Take notes throughout the claim process

As your claim progresses, continue to keep track of new developments by taking notes after any conversations with your insurance company, medical care providers, witnesses to the incident, and anyone else with whom you discuss important aspects of your case. Write down each person’s name and contact information, the date and place of the conversation, and as much as you can remember about what was said.

 

Preserve evidences and take photos

To substantially claim for the compensation save pictures of the accident scene, your personal injury and other evidences that may be of some importance. This will help you to physically present something in court that can act as evidence.

 

Though taking time to do all these may sound impractical thinking about the traumatic experience one undergoes during the time of accident. But if you or your loved one can manage to do this, it will be a great boon for you.

 

Do’s and Don’ts After an Accident or Injury

THE DO’s

 

  • Seek medical help
  • Report police, if needed
  • Cooperate with authority who are responding to the accident
  • Get the license plate numbers recorded in case of automobile accident
  • Record the license number and address of owners in case of animal bite or attack
  • Record the contact address of potential witnesses
  • Take photographs of the accident scene or as applicable
  • Contact an experienced accident and injury attorney.

 

THE DON’Ts

  • Do not move the vehicle incase of automobile accident unless required for safety or statutory reasons
  • Don’t leave the accident area unless police ask you to do so
  • Do not throw away any potential evidence in the case, such as defective products, important documents, or torn or blood-stained clothing.
  • Do not altercate with the person responsible
  • Do not settle the terms without discussing it with your attorney

 

Personal injury lawsuits usually fall under the authority (or “jurisdiction”) of state courts in the county where the injury occurred, or where those involved (the “parties”) in the incident are located. So, if a resident of Los Angeles County is involved in a car accident in Los Angeles, he or she will ordinarily file a personal injury lawsuit in the Superior Court of California, County of Los Angeles. Injury cases in which a relatively low amount of damages is sought (typically a maximum of $2000 to $5000) usually must be filed in a court’s “small claims” division.

 

An exception to the rule of state court jurisdiction arises when parties in a personal injury case live in different states, and the case involves an amount “in controversy” over $75,000. Such a personal injury case may be filed under federal jurisdiction in the federal trial courts (called U.S. District Courts), or the case may be moved there if it was originally filed in a state court. Issues of jurisdiction can be tricky for those unfamiliar with the legal process, but an experienced attorney can sort through any problems that may arise in deciding where to file a lawsuit.

 

Personal injury is a very complex area of the law so using a specialist is important to ensure your compensation claim is handled properly. To get the help of expert personally injury attorney, send us your details. An expert attorney from our panel of personal injury lawyers will get in touch with you soon.

 

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