Getting in an accident that leads to any sort of damage or injury can be a real pain in the neck especially if it came as a result of somebody else’s intentional wrongdoing or negligence. On top of the physical injuries brought about by the accident, one also has to attend to the medical bills as well as all the other damages that may have been incurred. There might even be depression to deal with, to boot. Such an experience can be truly draining and frustrating.
However, people should know that there actually exist rights that may heave them of the burden caused by such incident. By talking to a lawyer, they will be enlightened as to the right procedures that should be undertaken.
When Should You File for a Personal Injury Claim?
Say, your child is suffering of spine injury due to a slip and fall accident on the wet floor of the school lobby. Because of that, he is now confined in the hospital and is under intensive care. What do you do? Do you claim liability insurance from the school? Or should you charge the bills to your own insurance? What if the school does not offer liability insurance? And what if the school refuses to take responsibility for the damages your family is suffering on your child’s behalf? These questions will most likely plague the minds of those who might not be knowledgeable about the personal injury law. Proper understanding of such law is therefore essential in taking the right course of action.
Personal Injury Law — Simplified
Simply put, the personal injury law protects the rights of people who are suffering physically, emotionally, or psychologically because of another entity’s doing. The main foundation of this law is based on the premise that the damage would not have been incurred if it weren’t for another person’s intentional wrongdoing, negligence or malpractice. Examples of these include slip and fall accidents, dog bites, libel and slander cases, as well as assault and murder. In response to such incidences, the law dictates that the defendant should cover all the out-of-pocket expenses caused by the harm they have done. This law helps in encouraging good behavior among all citizens.
Now let’s go back to the slip and fall example tackled earlier. You can actually exercise your right to demand the school to pay for your child’s medical bills if you and your personal injury attorney are able to prove in court that it was indeed the school’s fault that your child slipped and fell on the floor. Take for instance, the floor was wet because the maintenance crew had just mopped it and failed to put up a cautionary sign for the passers-by. That can be considered as negligence on the part of the school, so it is a good ground for you to win the case. However, schools generally provide liability for the students in case someone gets injured or dies under their watch. Still, you should never hesitate to investigate and fight for your rights should they refuse to take responsibility for any untoward incident that happens to your offspring.
Scope and Limitation of Personal Injury Law
In any personal injury claim, there is no specified limit in terms of the amount that the plaintiff is allowed to file for. Factors such as the graveness and the nature of the injury, as well as the economic damages incurred, and the duration at which the injury or damage is expected to continue will decide the amount that the defendant owes the plaintiff.
Since personal injury claims usually involve medical bills and lost wages, many people misconceive them to be limited to these. Bear in mind that even damages not measurable by the amount of money spent on hospital bills may be compensated financially. For instance, if another entity has caused you to go under depression or be humiliated in public, you can still press charges under personal injury and be compensated for the emotional and psychological damage they had put you through. Make sure that when you are filing such claim, all sorts of incurred damages are included so that you can justly reclaim all that was lost.
Remember that filing a personal injury case should only be pursued if and when the defendant denies the charges pressed against him. In most cases, a settlement can be made between the plaintiff and the defendant along with the defendant’s insurance company. If the defendant agrees to cover the financial damages incurred by the plaintiff, then the case can be resolved without having to go through court litigation.
Cedric Loiselle is an experienced writer who enjoys imparting useful information to many readers. The topics he usually writes about include finance, home improvement, health, as well as legal issues.
