Do I Have a Personal Injury Case?
You have individual rights and may be entitled to benefits if you’ve sustained a personal injury, such as being injured in a vehicle accident due to the other driver’s carelessness. In that and other cases, you may qualify for a cash settlement or have the case to commence a lawsuit that would allow you to recover for lost earnings, pain and suffering, emotional distress, medical expenses, future medical care, and permanent disability.
There are time limitations on personal injury claims, so it’s important that you consult with an attorney as quickly as possible. If you have sustained an injury, refer to a lawyer promptly, as they will advise you of your rights and how to proceed.
Motor Vehicle Accidents
You have two basic rights if you are the victim of a motor vehicle accident:
1. No-Fault Benefits
Any injury sustained by using or operating a motor vehicle entitles you to some benefits, regardless of who was at fault. No matter if you are a passenger, driver, or pedestrian, a particular portion of your lost wages and your medical bills should be paid by the insurance company. Certain requirements are needed, including giving the insurance company timely notice.
You are entitled to pursue a personal injury lawsuit if you have sustained a serious injury as defined under your state’s law.
If you were injured at a construction site, you most likely have rights and particular circumstances when filing a personal injury claim. Many construction accidents are under a statute where absolute liability is imposed against the contractors or owner of the premises where the accident occurred. In these cases, there is no need to establish negligence from a third party, the only proof required is of a defective condition.
Slips and Falls
If you sustained an injury by slipping or tripping on a staircase, sidewalk, or another surface that was not up to standard, you may be entitled to commence a lawsuit. Managing companies, tenants, maintenance companies, and property owners are responsible for maintaining their property to a reasonably safe standard. If they fail to do so, a negligent action may result in an accident.
Medical and Dental Malpractice
If you have been injured by a doctor, dentist, or nurse, you could have the right to file a claim against the medical provider. To file a claim, medical personnel familiar with that particular area of medicine must review the history and records and render their professional opinion. This opinion must state that the treatment and care differed from the accepted medical practice, which led to the sustained injuries.
In some extreme cases, someone’s negligence may result in the untimely death of a person. That party can be held responsible and liable by the estate of the deceased person for pecuniary loss, which means income that would have been earned and would have contributed to supporting the dependents, as well as other statutory losses.
Statute of Limitations
Many actions have particular time limitations, which is why you should not delay in contacting an attorney. You must file a no-fault application within a very specified time frame. You must submit a Notice of Claim within a short period of time after the accident occurred (normally within 90 days of the incident). Medical malpractice claims and wrongful death lawsuits commonly have a shorter statute of limitations than most cases.