Knowing if you have a personal injury case is easy to determine when you know what the term means. If you have incurred bodily injuries that were the result of negligence on the part of someone else, you probably have a case. When accidents like this happen they typically happen with automobiles, although airplanes can also be included here.
A good example of this would be if a person were in a car and did not obey the rules of the road, which in turn caused you to get injured, you would have a case. It would have to be determined however that you in no way played a part in the negligence of the other driver. It would have to be a simple case of you being in the wrong place at the wrong time.
Your injury does not have to be life threatening either in order for you to get compensated. Medical bills can add up rather quickly these days, and since you were not at fault for your injury you should not be obligated to pay for it. A good personal injury lawyer will be able to get you as much money as possible.
Physical injuries though are not the only types of injuries that are sustained which you can give you a winnable case. If one person negligently caused the death of a loved one, you would be suffering emotional distress which is a form of physical injury. You can be compensated for this, especially if the loved one financially provided for you.
There are cases so extreme where punitive damages can be collected as well. These are typically much higher in monetary value and are a bit more difficult to mediate. They are used to compensate for the fact that the injury or injuries were more severe then what is considered normal for the circumstances.
Punitive damages were first implemented in the 1970 s as a deterrent. The fact remains though that it is a classic example of how the punishment should fit the crime. This is something else to keep in mind if the accident you or a loved one was in was severe.
Personal cases are, for the most part, taken care of by mediation rather than going to trial. These out of court settlements save the taxpayers money by not letting a case go to trial. Both sides are usually quick to use this method because a monetary settlement can be obtained quicker.
There are more details involved with this part of the legal system, but these basics should give you a good idea of how this works. They are good to know if you have been in an accident and don t know the first thing about what you should do next. What has been explained here is the most cost efficient and time effective method of settling a claim such as this. You can go to trial, but that is costly, time consuming, and you don t even know if you will even win in the end.
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