Before you can file a lawsuit for personal injury, it’s important for you to evaluate your own situation in order to assess whether you actually have a case. You first have to understand what qualifies a person to file a personal injury lawsuit, and it is not every case of personal injury by any means. To qualify for litigation the personal injury must be the result of negligence on the part of the person who caused the injury. For example, a baseball that leaves the field of play and hits someone is not negligence though it still causes personal injury. Certainly you will be able to recover actual monetary losses, but you do not have a case for personal injury.
Damages for personal injury do not have to be physical in nature. If you incur emotional trauma because of an incident, you are also entitled to collect damages. This may occur because you were an observer to an incident that involved negligence or the negligent act caused serious or fatal injury to a loved one or someone else you know. It may not even involve an emotional trauma that is visible such as in the case of someone who lost their life because of someone else’s negligence. The surviving family members are entitled to collect damages for wrongful death even though they are not likely to face continued emotional distress and will continue to function after a period of grieving.
In most cases personal injury cases are minor but that doesn’t mean you will be unable to collect any damages. In fact, hospital stays, doctor visits, time lost from work all add up to substantially. In more significant cases you may also be able to claim punitive damages for things that are not part of actual monetary claims such as emotional distress. In personal injury cases that are likely to cause a large award, medications are becoming more commonplace and thus allow the plaintiff to make a settlement with the victim instead of continuing to drag the case out longer and creating more emotional distress for the injured party.
In more serious cases of personal injury there is likely to be not only actual monetary losses but damages for pain and suffering and emotional distress as already mentioned. It’s important to understand these are separate damage claims, and when you go to court and make a settlement these punitive damages will be above and beyond the actual monetary losses you incur such as medical bills, loss of time from work and replacement of property.
Although you do not need an attorney to file a personal injury claim, your attorney can obtain a higher award for you than you might otherwise accept. You may actually be willing to take the first out of court settlement that the other party offers instead of holding out for a higher amount of taking it to court for a legal disposition and award. However, you want to make sure you choose an attorney who is experienced in handling personal injury cases and is willing to take your case on contingency which means the attorney only gets paid if he obtains an award for you.
For additional information on personal injury claims visit The Injury Lawyers today.
A special thanks to the Lawyer Internet Marketing Blog for providing this informational article.
Disclaimer: This article provided by Abrahamson, Uiterwyk and Barnes of Tampa, FL.