When an individual is the victim of an accident or assault, in many instances they could be entitled to a settlement beyond what might be offered by the responsible party or an insurance company. Each case is unique, as there are numerous variables that factor into whether someone has a legitimate “personal injury” claim. If negligence can be proven on the part of the responsible party, there may be a good chance the victim can be compensated for medical bills, time lost on the job and pain and suffering among other things.
But first, it would be wise for the victim to hire an experienced personal injury attorney to discern whether they have a solid case and if so, the level of compensation they might receive. Reaching a settlement can be a difficult and confusing process. Having a reputable personal injury lawyer to provide guidance in this sometimes arduous process can offer a sense of comfort. Most people have a broad understanding of personal injury law. However, it’s important to remember each state has its own personal injury laws. Here is a general overview of components factoring into a personal injury claim.
Negligence is the determining factor in injury cases. In law circles, negligence is considered a “tort” or a “civil wrong.” Generally, it points to the party responsible for an accident or injury, not adhering to the level of responsibility expected of a reasonable citizen. This can also be translated into “carelessness” on the part of the at-fault party.
Pain and Suffering
“Pain and suffering” covers a fairly wide range of issues related to physical injuries a victim of a negligent act sustains. It encompasses possible psychological after effects of those injuries as well. These after effects include whether a victim loses a limb or is disfigured in some way, as well as the length of recovery and struggles that might be incurred during that process.
To determine the level and legitimacy of pain and suffering claims, here are a few factors that courts will take into consideration:
• Did the victim immediately seek medical treatment for their injuries?
• Will the victim recover from their injuries, or will physical damage be permanent?
• What kind of treatment will be necessary, and for how long?
• How do the victim’s injuries affect their daily life?
Liability and Compensation
When a party is found to be liable in personal injury lawsuit, this means they are responsible for the injuries suffered by the victim through their negligence. There are many contributing elements that go into the determination of liability. This is why it’s important to retain an experienced lawyer with a proven track record in cases like these. Even though every case is different, chances are a successful personal injury attorney will at least be familiar with what to look for and will be very efficient in their fact-gathering efforts.
Once the responsible party is deemed liable, the compensation process begins. There are many contributing factors that must be taken into account to determine a settlement. Unless a case is relatively cut and dried, negotiations may take some time and eventually lead to an out-of-court settlement or the involvement of a mediator. Regardless, the skill, expertise and experience of the victim’s personal injury lawyer will go a long way toward determining the outcome. More on this website