What is Personal Injury? Do I Have a Case?
May 16, 2018 | Personal Injury
Pain and suffering is but one aspect of the damages which can result when an injury or accident happens to you or a loved one. If you decide to protect your legal rights after the injury or accident, you may have questions about personal injury cases.
Read on to learn more about personal injury cases.
WHAT IS PERSONAL INJURY?
Personal injury is defined as an injury to the body, emotional state or mind. Personal injury refers to the plaintiff, the person who brings a case against another in a court of law.
These cases are filed against the person that caused harm because of negligence, intentional misconduct, strict liability or reckless conduct. There may be a variety of damages awarded such as payment for the injured party’s medical bills, diminished quality of life, as well as pain and suffering and lost wages. Past, present and future damages may be awarded if the evidence justifies them.
TYPES OF PERSONAL INJURY CASES
Common types of injury cases include car accident cases, medical malpractice and nursing home abuse.
Car Accident Cases
Auto accidents are one of the most common causes of personal injury. Serious accidents result in substantial pain, emotional distress, lost wages, medical expenses and property damage.
Insurance companies try to settle cases in as little time as possible — and for as little money as possible. As a result, this doesn’t allow you to fully assess the severity of your injuries, the necessary course of treatment or the wages you’ll lose.
Stealey Law & Mediation can help you:
- Establish liability by preserving evidence and interviewing witnesses
- Help you understand the law, including statutes of limitations
- Collect necessary medical records and help you properly document injuries, helping you receive full compensation
- Ensure you receive the compensation to which you are rightfully entitled
- Negotiate a settlement that takes into account all future medical and financial needs
- Take you to trial, if necessary, to let a jury decide how much damages you should receive
To download our car accident guidebook that details 6 signs you may have a car accident case, click here.
When an injury results from medical treatment that deviates from accepted standards of practice or as a result of negligent doctors, hospitals and other medical professionals, you may be entitled to compensation. Medical malpractice lawsuits, which are extremely complex and expensive cases, can help you recover damages to compensate for your pain and loss of enjoyment of life, in addition to lost wages and medical bills.
Click here to learn more about medical malpractice.
To learn if you have a medical malpractice case, click here to download our guidebook.
Nursing Home Abuse
It’s estimated that up to one in six nursing home residents fall victim to abuse each year — and those are only the reported cases.
Nursing home abuse includes:
- Physical Abuse
- Psychological Abuse
- Sexual Abuse
- Financial Exploitation
Learn more about types of nursing home abuse here.
Other personal injury cases include brain injuries, catastrophic injuries/accidental death, class action lawsuits, drunk driving accidents and truck accidents, fires and explosions, intentional torts and much more.
DO I HAVE A PERSONAL INJURY CASE?
To determine if you or a loved one have a personal injury case, ask yourself:
- Did you suffer a personal injury and not property damage?
- Were your injuries caused by conduct and actions of another person?
- Do you have recoverable damages (the amount of money a plaintiff is entitled)?
- Have you suffered from personal or financial harms that can be alleviated by monetary damages?
If you answered yes to all of these questions, you may attain compensation for your injuries by filing a personal injury lawsuit.
PERSONAL INJURY LAWYER
If you or a loved one has been involved in any of these types of cases, you should consider hiring a personal injury lawyer. A personal injury lawyer can handle the legal work and help you through the entire case.
Hiring a personal injury lawyer:
- Find the right lawyer: Make sure your lawyer focuses on the case you are dealing with
- Lawyers reputation: What do others say about the lawyer
- Dedication: You want a lawyer that is dedicated to your case and can be with you every step of the way
CLAIMS AND PAYMENTS
The injured person may be entitled to monetary compensation from that party through judgement, depending on the negligence or intent of the responsible party.
In order for a party to be legally liable for damages, these must be proved:
- The party breached the duty
- The party’s breach of duty caused the victim to be harmed
- The party had a duty to act reasonably
- The victim suffered monetary damages due to the harm suffered
The amount of compensation depends on the severity of the injury. Serious injuries that cause physical pain and suffering (like brain damage, broken bones and severed limbs), receive the highest settlements or jury verdicts.
FILING A LAWSUIT
When you file a lawsuit, you become the plaintiff, and the person who injured you becomes the defendant. Lawyers on each side will find facts through written questions, documents and depositions. This process is called discovery.
Most personal injury cases do not go to trial. They are instead resolved in mediation, where the plaintiff and defendant work out the issue and decide on a settlement.
To learn more about what goes into a lawsuit such as a nursing home lawsuit case, click here.
STEALEY LAW & MEDIATION | PERSONAL INJURY LAWYER IN WEST VIRGINIA
Personal injury can be complex and overwhelming. At Stealey Law and Mediation, you will personally meet with Jim Stealey to discuss your case so you feel more at ease.
Stealey Law and Mediation will guide you every step of the way, ensuring we answer all your questions and that you are comfortable with the process.
At Stealey Law and Mediation, we will work closely with you and your family to provide the correct consultation needed when important decisions must be made.
Think you have a personal injury case, and need a personal injury lawyer? Call us today at: 304-485-3127