Thursday, August 05, 2021

What qualifies as personal injury?

If you have ever suffered an injury, you may have found yourself suddenly needing all sorts of medical help, therapies, and other treatments to recover your health. As you started seeing bills piling up and feeling your financial situation become more and more delicate, you may have contemplated the possibility of filing a legal claim to try to recover the damages caused by the accident.

The law allows for people who have been injured due to the negligence of others to recover certain damages through a personal injury claim. Let’s read on to find out precisely what qualifies as personal injury and what damages you are entitled to pursue.

What is personal injury under the law?

A personal injury happens when a person suffers physical harm because of the negligent behavior of someone else. Although it may also include damage to this person’s property, there must initially be physical harm. Filing a personal injury claim means that you want to hold someone accountable for the harm they caused to you. When your personal injury case is successful it means that you have been able to recover the payment needed to take care of your injuries and losses.

Negligence in Personal Injury Cases

In these cases, negligence refers to the fact that whoever caused you harm did not act how a reasonable careful individual would have acted under similar circumstances. 

For a personal injury case to move forward, the plaintiff must prove that the defendant acted in a negligent way towards them. If you can prove negligence, the law allows you to collect damages to cover your injuries and losses.

What are the most common types of accidents that result in personal injury cases?

Accidents can happen anywhere and at any time. You may be shopping at your neighborhood store when you slip and fall on a spill that was not cleaned up. Or you may be driving to work and end up in the middle of a car crash. These are some examples of cases where a personal injury lawsuit may be filed.

Some other ways in which personal injuries may arise are:

  • Dog bites
  • Workplace accidents
  • Medical malpractice
  • Defective or faulty products
  • Construction accidents

Filing a Personal Injury Claim

When you decide to file a personal injury claim, you should know that there is a time limit called the statute of limitations. Depending on the state where the accident happened, this may run between 1 and 6 years. Your personal injury attorney will be able to tell you the timing for your case. They will also calculate the financial compensation you are seeking. This will include all your medical expenses from the moment you were injured. Also, an amount to cover your lost earnings for the time you have been unable to work and future earnings if your capacity to work has been affected. If you suffered property losses and are experiencing pain and suffering, these items would also be included.
Image via Pixabay

This is a guest blog entry.

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