Have you recently been the victim of a personal injury accident? If so, we can only imagine the pain and suffering that you may be experiencing at this moment. Injury accidents are significantly difficult to deal with because of the degree of unexpectedness that they tend to possess.
The usual aftermath of injury accidents consists of enduring physical, emotional, and financial burdens. By suffering severe bodily harm, you may require invasive medical treatments. In addition, you may be forced to miss work days while you recuperate from your injuries. In our country, medical care is not economic at all. So, if you do not have enough funds to pay for it nor proper insurance coverage, this situation will become very difficult to manage.
We understand that you may be feeling helpless at this precise moment. Nonetheless, we are here to tell you that there is a solution for these uncomfortable issues. Injury accidents are often caused by someone else’s lack of awareness or responsibility. Since you’d become the victim of a reckless individual, you are entitled to receive compensation for all of your damages and suffering.
However, attaining compensation is not a simple task to undertake. You will have to prove that the other party breached their duty of care to others on the road. Additionally, personal injury law varies depending on the state that you live in. That is why you will need the help of a personal injury attorney.
As you read forward, you will learn about the legal standards of the most common personal injury claims in the United States and the advantages of hiring an accident lawyer for your legal dispute.
Most Common Personal Injury Accidents in The United States
- Car accidents are the most common injury incidents in our country. These are often caused by speeding, driving under the influence of alcohol, and running red lights. In each state, victims must prove the following four elements in hopes of recovering damages:
- Duty: Drivers must follow road traffic regulations and responsibly operate their vehicles.
- Breached: Victims must prove that the defendant did not follow these traffic laws and provoked the accident. In order to do so, it is important to present eyewitness testimonies and visualize street camera footage.
- Causation: Victims must also provide medical reports that prove that their injuries resulted from the accident.
- Harm: Personal injury accidents must prove that the other party caused them bodily and property damage.
- Slip and falls are accidents where a person falls to the ground and gets injured due to a hazard that caused their fall. These accidents are covered by the basic rules of negligence and premises liability.
Slip and fall cases require that the injury victim prove an act of negligence. This means that the defendant failed to keep their property free of any potential hazards. For instance, it is reasonable to find a warning sign on recently mopped floors.
If pedestrians or customers do in fact fall and slip on the property’s floor, the establishment owner may be liable for negligence. In order to receive compensation, plaintiffs must prove that:
- The establishment owner knew about the hazard.
- The owner was aware of the dangerous condition but still chose to not eliminate it,
- The hazard had been present for such a period of time that the landlord/establishment owner should have discovered and repaired it before the accident occurred.
The Mandates That Regulate Personal Injury Claims in the United States
- Comparative Negligence Law: This mandate facilitates the process of determining fault in a personal injury accident. The comparative negligence law allows you to recover damages even if you were partially at fault for the incident. For example, in a case where you were 20% liable a $100,000 award will be reduced to $80,000.
The grand majority of states follow comparative negligence principles when damage compensation is calculated in personal injury claims. However, states can impose one of the following types of the comparative negligence law:
- Pure Comparative Negligence Law: The victim can recover damages regardless of their percentage of fault. For example, the party 90% at fault can still recover 10% of their damages.
- Modified Comparative Negligence Law: Accident victims can receive compensation only if they are no more than 50% liable.
- Statute of Limitations: This law sets the maximum amount of time that plaintiffs have to begin legal proceedings from the date of the accident. The statute of limitations can range from a year to six years, depending on the state that you live in. However, if victims discover their damages after the deadline passes, the discovery rule will apply.
Benefits of Hiring a Personal Injury Lawyer
Insurers may try to undermine your claim. They may intend to deny fault or offer you an incorrect settlement of compensation. However, a personal injury attorney examines your pain and suffering, calculates your lost income, and verifies your damaged property in order to determine the compensation that you are entitled to.
Understanding laws and their exceptions can be quite complex. These injury lawyers are fully prepared to work based on federal and state laws so that your claim meets the legal standards in hopes of attaining compensation.
Your accident attorney will accompany you every step of the way to advise you on all important manners surrounding your claim. By hiring one of these lawyers, you will have someone that you can call or email to. Furthermore, your attorney can answer your questions and represent you in meetings with other interested parties.
Personal injury attorneys work alongside private investigators who can gather the needed evidence that will strengthen your claim.
Contact a Legal Expert Right Away!
This article was brought to you by the best law firm in the United States. Now that you have learned the basics of personal injury law in our country, we do hope that you’ll decide to hire an injury lawyer. You deserve to receive the compensation that you are entitled to. Call a personal injury attorney right away!