Accidents happen but if it is not your fault, why should you pay or suffer? We take a look at what constitutes a personal injury claim and what is the best way to go about it.
What is a personal injury case?
Personal injury refers to a form of injury to one’s body and not an injury to one’s property. Legal disputes may arise from personal injuries since a second party could be held liable or responsible for your suffering. Should there be grounds for a personal injury case, the case may be referred to the civil court to determine who was at fault and what form of compensation would be fair.
The most common cases from which a personal injury case may arise include accidents at work or on the road, tripping, assault claims and product liability. This goes further to include injuries associated with animal bites, accidents in or on a boat, bicycle, aviation, and/or brain and burn injuries as well as construction accidents.
In such an event, there are two ways to settle the matter at hand. You can go for a formal lawsuit or an informal settlement. The latter is the most popular way of going about. The matter is resolved through negotiations and the signing of a written agreement. Usually, both parties’ insurers and lawyers will be present during the preceding and act in their clients’ best behalf. Normally some form of payment is agreed upon, and the parties shake hands. On the other hand, a formal lawsuit takes place in court when an individual or plaintiff makes a case against another person or entity they feel should be held responsible for the damage caused to the plaintiff. The plaintiff and his or her legal representation must then argue gross negligence, and the defendant can state his case to a judge who will make a final decision. This tends to be costly and time-consuming.
There are different laws that are applicable in such a case, best to be in the loop about what applies to your country of residence.
What should I do in such a case?
Having a good personal injury lawyer can be extremely beneficial since they not only present your best interests, but they can also protect you from saying the wrong thing or signing any documentation which may distance the defendant from the claims made against them. Your legal representative will negotiate compensation to make up for your loss of earnings, to pay medical bills, to get help if you are emotionally distresses and to cover legal costs. Safeguard yourself from being victimised and make sure you get a professional on your side.
Remember that there are safety laws and regulations that have been put in place to protect civilians from coming to harm. For example, if the floor at the mall is being washed a sign should be put up to warn people that the floor may be slippery. Otherwise, you won’t know to be careful, slip and injure yourself or in extreme cases, this could result in a loss of life. Don’t be a victim, call Tulsa Personal Injury Attorney and get what is rightfully yours.