According to the National Centre for Health Statistics (a Department within CDC), 31 million people suffer from personal injuries in some form of accident or the other.
The National Highway Traffic Safety Administration reports that in America alone there are more than 5.5 million car accidents every year. Cumulatively, around 3 million people suffer from minor to serious injuries, while over 40000 people are killed every single year.
Both of these figures convey that personal injury accidents are rampant throughout the length and breadth of the country. Every single day, unsuspecting and vulnerable individuals are injured leading to a lot of suffering for their families.
In this article, we are going to look at five things you need to know before filing personal injury cases in the United States of America. However, before we do, let us first look at what does Personal Injury means in the first place.
Personal Injury Cases: Meaning and Definition
According to leading jurists of the US Supreme Court, a personal injury case involves physical and mental injuries on an individual arising out of negligence or mala-fide intentions of someone else. This means that an individual ends up getting seriously hurt or killed because of someone else’s- ignorance, negligence, or intention.
We spoke to a leading personal injury attorney and asked him about the various types of accidents and incidents where cases of this nature can be filed.
- Car Accident
- Dog Bite
- Medical Negligence
- Work Accidents
- Slip and Fall Injuries
- Faulty Product or Service
Even though there are many other personal injury types, the majority of cases (almost 90%) are filed under the above-mentioned types.
List of 5 Things you should know before filing a Personal Injury Case
- 1. The Compensation can be Extensive-
Many people feel that the compensation, which should be claimed should only relate to medical treatment. That is not the case. A victim is entitled to more compensation in lieu of the time period he or she will not be able to earn because of the injury. In case of death, the compensation needs to cover burial costs and financial support for a defined period after death.
- 2. You need to Prove both Damages and Liabilities-
If you are looking to file a personal injury case you need to prove that the perpetrator is both responsible for the injury and accident and the amount, you feel you deserve because of the same. Most people who want to file individual cases are not able to prove one or the other. You need to make sure that your case and presentation takes care of both these aspects.
- 3. Go for the Out-of-Court Settlement Option-
Many personal injury compensation claims are settled outside the court. No one wants to spend their valuable time in court and be called in every other week. This is why people, especially the ones who are rich and successful want to ensure that their names and presence stay away from public attention as much as possible. If you get good compensation go ahead with it.
- 4. Evidence Gathering is essential for Success-
When it comes to personal injury cases, the evidence is all that matters. This is why many legal experts recommend that in the event of a car crash, you should always protect your dashcam footage. You should also capture as many happenings as possible from your smartphone. This will act as crucial pieces of evidence when you are putting together your case before a judge.
- 5. Take help from an Expert Personal Injury Attorney-
You might think that you do not need anyone good to represent you in a personal injury case. However, when you come up against an expert lawyer, you will realize what you are up against. If you are looking to get justice and your rightful compensation, you need to enlist the services of the best personal injury attorney, which you can afford.
The Final Word
If you do not want the case to drag on indefinitely, you will need to present your case to the best of your ability. You need to understand that the legal system is not always just and fair. This is why you need the best legal support to help you with your personal injury claims.