Automotive Collision Center Inc.

According to the United States Census Bureau, there are more than 304 million people in the U.S. With that number of people driving, walking, and carrying out other activities in their daily lives, people are bound to run into each other. Whether the incidents are accidental or intentional, result in minor or severe injuries or damage to your personal property, you have the legal right to file a tort or personal injury claim to recover damages.

Overview of Personal Injury

A personal injury is a physical or mental impairment that is caused by another person, an animal, or an entity. Property damage may be involved as well. There is usually an evident fault that causes harm or an injury. However, it is not enough to claim that a person has caused your injury; you have to have proof. The following are the main three foundations used to collect damages in personal injury cases:

Negligence: You have to prove that they were negligent. Negligence refers to actions performed in a reckless manner that result in harm to another individual. To prove negligence, you must typically demonstrate that the person causing the injury:

• was obligated to act with reasonable care
• neglected to act within reason of the law, and
• their actions are the direct result of an accident that caused you harm

A person who runs a red light and slams into your car and causes you to suffer a neck injury is a prime example of negligence. The individual had the obligation to abide by the law and stop for a red light.

Strict Liability: Safety is an important concern for manufacturers of consumer products and producers of food items. When defective or unsafe foods cause injuries, the injured party can file a personal injury claim based on strict liability. This basis of personal injury relies on the design of the product or the food item causing the injury. Recalled tires that cause a car owner to have an accident and suffer subsequent injuries is an example of a strict liability personal injury case.

Intentional Wrong: A purposeful action of an individual that causes you harm is the definition of an intentional wrong. This basis of personal injury is typically associated with criminal acts, such as assault, but litigated in personal injury court. This type of personal injury claim is usually not filed until there is a verdict in the related criminal case.

Important Considerations of Personal Injury

The basics for determining whether or not you have a personal injury case are outlined above. Which foundation you and your lawyer decide to use depends on the type of case.

Types

People often associate personal injury law with car accidents. While automobile accidents make up most of the personal injury claims that are filed in the United States, there are other types of incidents that fall under the personal injury umbrella. The following is a list of the most common types of personal injury cases:

Auto Accident: This is the most common type of personal injury case. This type of case may or may not go to trial. It is usually a matter handled between you and the defendant’s insurance company.

Slip and Fall: This category of personal injury refers to injuries you suffer as a result of a fall caused by another individual’s action. Work-related injuries typically fall under workers’ compensation. However, if your employer is at fault for your slip and/or fall, you have the right to sue them.

Wrongful Death: This type of personal injury refers to when a person dies as a result of someone’s wrongful act. For this case the decedent’s family or loved ones typically file the claim and receive any monetary judgment. Medical malpractices are the most common types of wrongful death cases.

Motorcycle Accident: A personal injury resulting from a motorcycle accident works similar to an automobile accident. The main difference in the two is the insurance law that governs the riders of motorcycles. While it won’t necessarily preclude you from filing a personal injury claim, if you do not abide by laws governing the use of motorcycles, this could become a determining factor in your case.

Dog Attack: When a dog inflicts harm on an individual, its owner may be sued. Whether or not this type of personal injury is permissible depends on if the state in which the incident takes place imposes strict liability on pet owners whose pets injures other people.

Steps of a Personal Injury Case

In a personal injury case, you are the plaintiff (person claiming the injury) and the person responsible for your injuries is the defendant. Depending on the type of personal injury case and the state in which the lawsuit is filed, the steps in a personal injury case may vary. The following are the key phases of a personal injury case:

1. Initiate a personal injury claim. This step includes officially notifying the defendant of your claim and your intentions to sue.
2. The defendant is given a specific amount of time to respond to your claims. At this time the defendant may offer a settlement.
3. People on both sides of the claim attempt to secure evidence to “make their case.” This “discovery” phase may consist of deposing witnesses and reviewing documents obtained from the defendant’s legal team.
4. Depending on the outcome of the discovery phase, the defendant may offer a settlement.
5. A trial date is set in a civil court within the jurisdiction of the offense. Depending on the type of personal injury and the jurisdiction, a jury or judge may be responsible for hearing the facts of the case.
6. A unanimous verdict (required in some states) and a judgment for compensation is rendered.

Your Rights and What You Should Do

You have the right to neglect to have a recommended surgery as a treatment for your injury. However, if you sustain further injuries that the surgery may have prevented, the person you are filing the claim against will probably not be held liable for the subsequent injuries.