You just got in an accident and you are hurt. Most people don’t know what to do or who to call. We’ve all heard about big dollar settlements from cases where someone was hurt, but probably don’t know one of these people personally. And we probably are not attorneys either so we don’t know the law and what our rights are. So how do you know if you require hiring a lawyer?
Car accidents are the area that most personal injury actions happen. You need to prove the other person was negligent in the accident. If you are in a blunder state, you need to prove negligence by showing that the other driver failed to exercise reasonable care. All drivers have a liability to exercise reasonable care when they drive on the roads. When the other driver breaches that responsibility and you are injured, then personal injury law states you can file suit for your losses. However, the system is different in states that have passed no-fault laws.
There is another basis for personal injury claims. Stern Liability is an area of tort law that is gaining in importance. Strict liability means that if a manufacturer makes a product that is defective, or if it is designed poorly, they can be liable if you are injured by that product. This is different than negligence, but you must prove that the design or manufacturing process of that product make it dangerous, especially when it is used as it was intended to be used.
Another basis for injury claims is Intentional Wrongs. You don’t see those cases filed as much, but it is still valid. Lets say someone hits you in the face, even if they are joking around, you could win a suit for battery. Or you are shopping in a store, and the security guards think you have stolen something and detain you wrongfully. You could be able to win a lawsuit for wrongful imprisonment. These are civil claims, and they could also face criminal charges, but personal injury claims fall under the civil category.
Now we come to damages. Did you suffer any monetary or physical damages from your injuries? What type of accident was you in, was it intentional? What is the nature and extent of your damages? Just because you were hurt, does not mean that you automatically are eligible to collect a big payday. You need to prove this in court, and let the court decide the compensation for your loss. However, many lawsuits don’t make it to court and are settled before that happens.
What is the statue of limitations for that type of case? Every state is different & the time limits you have to file a case are different for the kind of cases you are filing. You have a specific amount of time to file a personal injury case, so you need to know what that is. For example, you might have only one year to file an auto accident case. Once that time is has passed, your case can be thrown out of court.