How to Deal With Personal Injuries? A Clear Insight from a Lawyer

Everyone experiences injuries at some point in their lives. In fact, some individuals sustain injuries multiple times a month. However, certain types of injuries qualify for compensation provided by the party responsible for the harm. The injuries must be accidental or result from negligence or malicious intent to be eligible for compensation. This guide will discuss how to deal with personal injuries from a lawyer's perspective.

What is a Personal Injury?

A personal injury refers to any physical or mental harm an individual suffers. Accidents, intentional acts, or negligence from another party can cause it. In legal terms, personal injuries are classified as torts, meaning they can be legally pursued for compensation. With the help of personal injury lawyers, victims can seek justice and receive compensation for their damages and losses. A personal injury qualifies for legal action if it meets the following criteria:

• The injury was caused by another party's negligence or intentional harm.
• The injured individual has suffered physical, emotional, or financial damages due to the injury.
• The incident occurred within the statute of limitations, typically within two to three years from the date of the accident.

Types of Personal Injuries

There are various types of personal injuries that individuals may encounter throughout their lives. Some common examples include:

• Car Accidents: This is one of the leading causes of personal injuries. Whether it's a minor fender bender or a major collision, car accidents can result in severe injuries such as whiplash, broken bones, and traumatic brain injuries.
• Slip-and-fall accidents occur when an individual slips or trips due to hazardous conditions on someone else's property. Common causes of slip-and-fall accidents include wet floors, uneven walkways, and loose carpets.
• Medical Malpractice: When healthcare professionals fail to provide reasonable care to their patients, it can result in personal injuries. This can include misdiagnosis, surgical errors, and medication mistakes.
• Product Liability: If a product is defective or unsafe for use and harms the consumer, the manufacturer or seller can be held liable for any resulting injuries.
• Assault and Battery: These intentional acts of violence can result in severe physical and emotional harm to the victim. The perpetrator can face criminal charges, but the victim may also be entitled to compensation for their injuries.

Steps to Take After a Personal Injury

If you have suffered a personal injury due to someone else's negligence or malicious intent, it is essential to take specific steps to protect your rights:

Find a Lawyer to Help You

The first thing you need to do is find a reputable personal injury lawyer to represent you. A lawyer can guide you through the legal process and ensure that your rights are protected. They can also help you gather evidence, assess the value of your claim, and negotiate with insurance companies on your behalf.

The process of finding a lawyer may seem daunting, but there are resources available to help you. You can ask for recommendations from friends and family or search online for personal injury lawyers in your area. A lawyer's client feedback and reviews can also give you an idea of their reputation and success rate.

Record Every Medical Interaction

One of the main problems personal injury attorneys encounter with their clients is insufficient evidence. The average person thinks their word is enough to win their case, but the evidence is crucial in personal injury claims. Therefore, after every medical interaction, make sure to keep a record of the following:

• The date and time of the visit
• Name and contact information of the healthcare provider
• Diagnosis and treatment received
• Any medications prescribed or recommended
• Medical bills and receipts for expenses related to your injury

Collect Evidence from the Scene

Collecting evidence from the scene of the incident is imperative to the success of your personal injury claim. Begin by taking clear photographs or videos of the scene, capturing any hazardous conditions, damages, or visible injuries you have sustained. If witnesses were present, gather their names and contact information, as they may be able to provide statements supporting your account of the event. 

Keep any physical evidence related to the incident, such as damaged personal belongings. Promptly document your recollection of the incident while details remain fresh, noting the time, date, and any other relevant circumstances. All these pieces of evidence will be crucial in building a solid case and ensuring you receive the compensation you deserve.

Keep Track of Your Damages

It's essential to meticulously document all the damages resulting from your injury, which will be integral to your compensation claim. Damages can encompass a wide range of out-of-pocket expenses and losses, including medical bills, rehabilitation costs, lost wages due to inability to work, and any future earnings you may forfeit due to long-term or permanent disability. Beyond financial losses, you should also document non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Maintaining a detailed record will help substantiate your claim and ensure that you receive a fair settlement covering all the impacts of your injury.

File a Personal Injury Claim

Once you have gathered the necessary evidence and documented your damages, your lawyer will help you file a personal injury claim against the responsible party. This is typically within two to three years from the date of the injury, but it can vary depending on the injury and state laws. Your lawyer will draft a complaint outlining your claim, the damages sought, and the parties responsible. This document is then filed with the court, and the defendants are formally notified through a service of process.

After filing the claim, the discovery phase begins, during which both parties exchange information and gather evidence. This phase may involve depositions, interrogatories, and document requests. It is common for both parties to negotiate to reach a settlement. Many personal injury cases settle to avoid the cost and uncertainty of a trial. If no settlement is reached, the case goes to trial, where a judge or jury decides the outcome.

Dealing with a personal injury can be a complex and daunting experience. Navigating the legal landscape requires an understanding of your rights and a commitment to securing the justice and compensation you deserve. By liaising with knowledgeable personal injury lawyers, victims can confidently tackle the intricacies of their cases. It's crucial to act swiftly and conscientiously to ensure that the responsible parties are held accountable and that victims can focus on their recovery and well-being.