A personal injury claim is one of the most common types of lawsuits. These claims are brought by people who have been injured physically or mentally due to another person’s actions. Even if the person responsible for your injuries was not negligent or careless, you still have a right to make a claim and receive compensation. Depending on the severity of your injuries, you may be entitled to damages for medical bills, lost wages, pain and suffering or other expenses.
Personal injuries can happen in many different ways.
You can be a victim of a slip and fall, automobile accident or assault. Your injuries might have resulted from the negligence of another person, equipment malfunction or defective product. If you live in Birmingham, Alabama, you may be entitled to compensation for your injuries if any of these things happened to you. It is important that you contact an experienced personal injury lawyer as soon as possible if you have been injured.
First, let’s discuss the basics of personal injury claims. Generally, there are three types that an injured party may file:
Negligence: This type of claim is brought against someone who was careless or did not avoid a dangerous situation that caused your injuries . This person could be held responsible for your injuries.
Legal Malpractice: This type of claim is brought against a legal professional who has made a mistake or acted without due care while advising you on your rights. An example might be an attorney who tells you that it’s not necessary to have a medical exam before signing a contract but fails to inform you that the agreement includes language that waives your right to sue if you are injured by the product.
This claim may be brought against an attorney, real estate agent or accountant, among others.
Products Liability: This type of claim is brought against someone who produced a faulty or defective product that caused your injuries . For example, you could file this type of claim against a manufacturer of unreasonably dangerous products, such as a car or medical equipment.
It is important to understand that in order to make a personal injury claim, you must be able to prove the following:
You suffered an injury . It must have been physical and/or mental. This means that it could not have been lost wages or a death claim. The injury was caused by another person or company . If you were injured in a car accident, the other driver is almost always held responsible for your injuries because they are required to keep you safe while driving. However, this may not be true if another company made an unreasonably dangerous product that caused your injuries. The cause of the accident must be proven . If you were injured by another person due to their negligence, you will need evidence. For example, if you are filing a wrongful death claim because your husband died in a car accident, you would need the other driver’s statement as well as information about how fast they were driving and what the road conditions were like when it happened.
The person responsible for your injury may not have been negligent or careless.
To get compensation, you will need to prove that:
The person whom you are suing has been negligent – they did something wrong which led to your harm; and Your negligence was not a cause or contributing factor in causing your harm; and The amount of money that you are looking for is fair and appropriate.
Alternatively, you may be able to prove what is called “strict liability.” This means that the defendant was responsible for your harm even though they did not do anything wrong.
For example, a common situation where strict liability applies involves defective products. If you were injured because of a defect in a product that you used, then the manufacturer of the product may be responsible for your injuries.
The most common type of personal injury claim is when you are hit by a car or truck and suffer an injury as a result. This is called a “motor vehicle accident” case. If you get into an accident with someone who doesn’t have car insurance, then you will probably not be able to get any compensation for your injuries.
The law is very strict in situations where someone hits you with a car and has no insurance. If there are witnesses who saw the person who hit you run away from the scene of the accident after it happened, or if he or she left the scene of the accident, then you may be able to get compensation. Otherwise, you probably will not be able to sue for injury in Alabama.
You should document your injuries and treatment requirements to provide evidence of the extent of your injuries.
It is important to get a medical examination as soon as possible after you are injured.
Wherever and whenever possible, make sure that your doctor documents in your medical file how he or she diagnosed your injuries. This form of evidence will help support what you tell the insurance company later on. Similarly, if the accident caused any physical problems for you, make sure to tell your doctor about these problems.
If you miss time from work as a result of the injuries, write down the dates when you were unable to work and how many hours or days you missed. If other members of your family miss any time from their jobs as a result of caring for you after an accident, they should also make this clear to their employers.
If you are disabled and cannot work at all, try to make a list of your employment history. Provide this to the insurance company as it will help them understand how much money you should receive for lost wages. If you need special equipment in order to do your job or if you need any accommodations while at work (extra time for breaks, time off due to injuries), it is very important that you tell your employer. If you do not make these things clear, then the insurance company might try later on to find reasons why they should pay you less money for your work time.
When it comes to medical expenses, keep a record of all expenses associated with your injuries or disability.
It’s important to know the deadlines for reporting your injury, as well as any time limits for filing a personal injury claim.
Personal injuries happen every day. And while most of us know that filing a personal injury claim is an option, not everyone knows how to go about it. After all, there are deadlines and time limits for filing these claims. So it’s important to know the deadlines for reporting your injury, as well as any time limits for filing a personal injury claim.
Claims must be filed within two years of the injury being sustained. If you do not report your injuries and a potential claim immediately, you may lose your rights to file one at all.
If you are injured in a workplace accident, there is some leeway for filing the claim. In most states, employees have up to three years from the date of the injury to file a claim. That is for minor injuries only, however. For major injuries, time limits are not extended.
The bottom line is that it’s almost always best to see your doctor right away if you’ve been injured in any kind of accident – even if the accident isn’t your fault and doesn’t appear to cause any injuries. Doctors can determine whether or not you have suffered an injury and, if so, how severe it is.
A doctor’s report of the accident will help when you’re ready to file a claim. Having this in your possession will get things started sooner rather than later – even with an extended deadline for filing the claim.
If you are injured out-of-state, you may need to contact an attorney who practices in that state.
Most states require that a lawyer be hired within the state where the injury occurred. But some states do not have strict adherence to this law, so you may want to still use a local attorney even if your accident happened elsewhere.
There are also laws that govern those living in different states who may be involved in a car accident. By understanding the law as it applies to other states, you can make sure that your rights are protected if you need to seek compensation for injuries sustained from an out-of-state accident.
A personal injury lawyer can answer complex questions about how to proceed with filing a claim. It’s important to know that deadlines are not extended if you’ve suffered a major injury, and it’s equally important to be aware of the law regarding those who have been injured in out-of-state accidents.
Personal injury law is a highly specialized field. This means that your chances of getting an effective outcome are much higher if you’re represented by a lawyer who has experience handling personal injury claims, which may be why it’s so important to find the right attorney for your case and work with them closely throughout the process.