When can you File a Personal Injury Case?

There are several instances of personal injury when you can claim compensation from the person/corporation responsible for the injury. The victim in a personal injury case is the individual who sues and is known as the plaintiff. The individual who is held responsible for the injury is known as the defendant. A personal injury lawyer represents the interests of the plaintiff and ensures that he receives adequate compensation in the case.

Personal injury cases fall under the purview of tort law. The plaintiff in the case has the right to claim from the defendant. Personal injury lawsuits are filed in case the victim in the cases suffers physical, mental, psychological, or emotional injury.

Let us dig into the details of personal injury lawsuits:

Who can file a personal injury case?

A personal injury case can be filed by the victim of the injury or someone closely associated with the victim. The victim or the person filing the case must consult a personal injury lawyer to file the lawsuit.

Certain things must be borne in mind while filing for a personal injury case. You must find out if the defendant has insurance cover for the type of injury. This is because the compensation in such cases is paid by the insurance company. For instance, if you are the victim of a car accident, the defendant in the case must have an insurance policy to cover for accidents. If the individual responsible for the accident does not have the required insurance, then check if he has the assets to pay for the claims. In case, he has neither, filing a personal injury case might prove futile.

What type of injuries can you be compensated for?

Some typical personal injuries for which you can claim compensation are:

Automobile accident: It can be an accident by any kind of vehicle like a car, truck, motorbike, etc.

Slip and fall: If you suffer an injury because of slipping or falling on someone else’s property, you can claim compensation from the owner of the property.

Medical Negligence: In case you are injured because of medical negligence by a doctor or any other healthcare professional, you can file a personal injury case.

Dog bite: If you are bitten by a dog belonging to someone else, you can sue the dog owner for compensation.

Defective Products: If you are injured because of a defect in a product you may have purchased, you can file a personal injury case against the manufacturer or retailer selling the product spending on the nature of the defect.

Construction accidents: If you suffer an injury while visiting a construction site, the owner of the site is liable to compensate you for the injury.

Injury at the workplace: If you suffer a physical injury or emotional trauma at the workplace, your employer is required to compensate you.

Besides these, there are several other instances when you can file a personal injury case.

Your personal injury lawyer will investigate the case and gather evidence on your behalf. He will represent your best interests whether the case is settled out of court or there is a court trial. Find the best personal injury lawyers at Autrey Law Firm!