Personal Injury Accidents
A Personal injury accident can happen at any time. Most people think of personal injury law only in terms of vehicular accidents. However, personal injury law covers a range of situations where the negligence of one person causes injury to another. No matter what cause the accident, they can result in severe injuries that lead to physical and emotional pain and suffering, expensive medical bills, loss of income, lifestyle changes and even permanent disability.
Unfortunately, after an accident, it is possible to become saddled with all the problems associated with a personal injury and a host of decisions for which there may not be many ready answers. Not surprisingly, many people lose out on getting fair compensation because they fail to take appropriate action in a timely manner. This often equate to loss of or inadequate compensation.
The following provide some basic information about the personal injury process.
Types of Personal Injuries
Personal injury accidents can be caused by the negligence by another person or party, a defective product or the deliberate action of one individual upon another such as.
- Motor vehicle accidents
- Work related injuries
- Slip and fall accidents (Premises Liability)
- Animal attack
- Physical battery
- Child or elderly abuse
- Medical malpractice
- Product Liability injuries (caused by faulty or malfunctioning products)
- Wrongful Death
The failure to take reasonable care in driving, building a product or keeping a premises safe that result in an accident and/or injury to another is referred to as negligence. In many instances, in order to receive fair compensation, the injured party or plaintiff in a personal injury case has to prove that…
- The defendant’s negligence caused the accident.
- The defendant owed a duty of care to the injured party.
- There was a breach of duty by the defendant.
- The plaintiff suffered injuries
- Those injuries were caused by the defendant’s breach of duty.
A personal injury settlement occurs when both sides chose to resolve the matter through payment of an agreed upon amount of money. This typically takes the form of a written document which stipulates the amount of the settlement and the fact that both sides have agreed to forgo any further actions.
- Quick settlements typically occur between the insurance company and a plaintiff. In most instances, the plaintiff accepts an amount offered by the insurance provider with little or no negotiation.
- Most personal injury cases are settled outside the courtroom through negotiations with an insurance company or the mediation process.
- A court settlement occurs when the personal injury case goes to trial. This typically occurs only if the parties fail to agree on a suitable compensation settlement amount for the injuries, loss and damages that the plaintiff has sustained.
Filing a Personal Injury Lawsuit
When the plaintiff or injured party files a civil complaint alleging negligence against a person, business, corporation or the government, this represents a formal lawsuit. Most disputes over fault for an accident or injury are resolved outside of the courtroom.
Because the circumstances of every case are unique, compensation is based on a number of variables such as the type of injury, the cause of the injury and other factors. Compensation can include money for past and future medical expenses, lost income, property damage, pain and suffering. In wrongful death cases, the plaintiff may be awarded damages for funeral and burial expenses, loss of financial support and benefits, medical expenses incurred before death and loss of companionship or consortium.
Statutes of Limitation
Personal injury litigation is bound by statutes of limitations. That means a plaintiff usually has a limited time in which to bring a lawsuit against a defendant. Time limitations typically begin at the time of the injury or when the injury is discovered. These time constraints are determined by the state in which the personal injury case is being litigated. For this reason, it is important to seek legal counsel soon after a personal injury to prevent missing out on the opportunity to file a claim.
Evidence and Discovery
Evidence to support an injury claim is critical in any personal injury case. A personal injury attorney will assess the information of the case and determine the type of evidence that will best support the claim. During the recovery process, both parties also have the option to request information or documents surrounding the accident. Since time can erode evidence and witnesses can disappear, it is important to secure as much information as possible at the time of the accident or as soon as possible thereafter. Through the investigative process, a plaintiff’s personal injury legal team can secure critical information to help ensure that their client receives a fair and appropriate compensation.
Legal Counsel and Support
Personal injury victims who do not seek legal counsel after an accident do themselves a grave injustice. Many personal injury attorneys offer free legal counsel to accident victims who enquire, even if they are not retained to litigate the case. Since victims who sustain severe injuries invariably suffer loss of income, they often find themselves faced with hefty medical bills and the need for costly long-term care or rehabilitation. For this reason, it is important to work with a qualified and experienced personal injury attorney. One with a keen understanding of the physical, financial and mental hardships and the complexities associated with the personal injury litigation process.
To learn more about the personal injury process or what you can do if you or a loved one has been seriously injured in an accident due to the negligence of another, call for a free consultation today at (561) 655-1990 or visit our website.
About Lytal, Reiter, Smith, Ivey & Fronrath
Conveniently located in West Palm Beach for 27 years, Lytal, Reiter, Smith, Ivey & Fronrath, LLP concentrates in Personal Injury, Wrongful death, Medical Malpractice, Product Liability and Auto accidents. At Lytal, Reiter, Smith, Ivey & Fronrath, we specialize in helping victims and their families get fair compensation for injuries caused by the negligence or recklessness of others. Our main areas of practice include personal injury, wrongful death, auto accidents, product liability, medical malpractice, and premise liability. We provide each client with the highest quality representation from a top Florida accident and injury lawyer.
Lytal, Reiter, Smith, Ivey & Fronrath
515 N Flagler Dr, 10th Floor
West Palm Beach
Florida, FL 33401
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