Accidents are a part of our lives and happen daily without prior warning. While many accidents do not result in serious injury, those that do may require months or even years to resolve. When these cases arise, it can be confusing to know exactly what your rights are and the benefits you are entitled to. The following is an overview of the benefits you may be awarded if you file a personal injury case to obtain compensation for your injuries.
Do You Have A Valid Claim?
It is not always easy to know if your accident qualifies as a valid personal injury claim. While personal injury law can vary depending on the state you live in, all require the same elements to obtain a monetary settlement in a personal injury lawsuit. These elements are:
- Duty
The basis of all personal injury cases is that the at-fault party had a duty to the victim. In commercial truck accidents, the duty can be as simple as not driving an overloaded truck or operate the vehicle while fatigued.
- Breach Of Duty
When the at-fault party breaches the duty to the victim and an accident occurs, it may qualify as a personal injury case.
- Injury
You must be able to prove that your injuries were sustained in the accident and not pre-existing or chronic conditions.
- Causation
You must prove that the at-fault party was negligent and caused the accident which resulted in your injuries.
Common Personal Injury Claims
Personal injury law was designed to help people hurt in accidents obtain compensation when the accident was due to another person’s negligence. While there are many types of personal injury claims, the most common are:
- Car Accidents
Car accidents are the most commonly filed personal injury cases in the United States today. Heavy traffic, distracted driving and road rage all mean more accidents occur daily than ever before.
- Truck Accidents
Because commercial truck drivers drive thousands of miles each week while tired and hurried, accidents are common. Statistics show that most commercial truck accidents happen during the overnight hours.
- Malpractice Cases
Personal injury law provides accident victims with a way to recover damages when a healthcare provider or medical facility fails to maintain the appropriate standard of care and you are injured as a result.
- Slip And Falls
Every day millions of people visit restaurants, shops and walk on public sidewalks. When these areas are not properly maintained by a property owner, you may be able to obtain compensation through a lawsuit.
What Benefits Or Damages Can I Recover?
While it is difficult to know exactly what damages you may be awarded in a personal injury case, some of the most common are:
- Cost Of Ambulance Transport
- Emergency Room Bills
- Hospital Fees
- Pain And Suffering
- Mental Anguish
- Lost Wages
- Price Of Alternative Transportation
- Cost Of Speech, Physical Or Occupational Therapy
What If I Am Disabled Due To My Accident?
If you sustain injuries so severe you cannot work or cannot return to the same type of job you had before the accident, you may be awarded a settlement for future lost wages. The purpose of this type of settlement is to provide compensation for money you would have earned if you had not been injured due to the accident. It is very important that this portion of your claim be calculated correctly, so you get the money you deserve.
How Do I Know If I Have A Case?
Not every accident will result in a personal injury lawsuit. The purpose of this type of lawsuit is to provide compensation when you are hurt due to the careless or recklessness of someone else. To obtain a settlement, you must prove the accident was caused by the personal you are suing and that they did not take reasonable steps to avoid hurting you.
Do I Need A Lawyer?
Because personal injury law is very complex and often difficult to understand, it is usually best to seek the advice of an experienced personal injury lawyer. You should speak to a lawyer if:
- Your Injuries Caused You To Be Disabled
- Your Injuries Will Require Ongoing Medical Care
- The Insurance Company Will Not Pay Your Medical Bills
- The Person Who Caused Your Injuries Is Not Insured
- You Are Unable To Work
While it is never easy to be injured in an accident, there is help available. Contact a personal injury lawyer to discuss what benefits you may be entitled to under the law.