Understanding Personal Injury Lawsuits
You may have a personal injury lawsuit when another individual is responsible for your injuries either through fault or negligence. The most prevalent personal injury lawsuits are medical malpractice (see Medical Malpractice), workplace accidents (see Understanding Workers Compensation), auto accidents (see What to do When You’re in a Car Accident), and slip and fall accidents. Personal injury lawsuits are governed by tort law (see What is a Tort?). Torts are civil wrongs that result in injury or damages and are punishable by law to compensate victims for injuries and/or damages and deter others from committing similar wrongs. Tort law varies from state to state, so it is important to seek counsel from a personal injury lawyer in your state if you are pursuing a personal injury lawsuit.
To establish a personal injury lawsuit, you must establish liability and damages. Liability refers to the person at fault for your injury. Individuals or companies that are found to be legally at fault for your injuries may be responsible for compensating you for your damages. Liability is established on the basis of negligence, strict liability and intentional wrong. A party can be found negligent, and therefore responsible for your injuries, if they did not take appropriate measures to prevent your accident. Strict liability holds a manufacturer or supplier responsible for accidents caused by appropriate use of their product regardless of fault (see Understanding Products Liability) and an intentional wrong is when an individual knows their actions will cause harm, but proceeds with the action anyway. If your injuries are the result of an intentional wrong, you may be entitled to punitive damages as well as compensatory damages (see Types of Damages).
Damages include the physical, mental and emotional harm endured from an accident. When you are pursuing a personal injury lawsuit, the extent of your damages will need to be proven. Therefore, it is a good idea to keep meticulous notes of not only the accident that caused your injury and/or damages, but how those injuries have affected your life.
The first thing that you should do when you are the victim of a personal injury accident is write down all of the details about the accident that you can remember. Try to stick to the facts and avoid placing blame on anyone. You should also try to take photographs of the accident scene as soon as possible after the accident. The longer you wait to photograph the accident scene, the more likely the scene will be altered and you will not have physical evidence of what caused your injury. If there are any witnesses of your accident, you should write down their names and contact information so they can be reached later. You should also be sure to keep a pain and suffering journal. Here you should document how the injury is affecting your life. If your injury prevents you from any social, family, or work events, be sure to document this in your journal. Finally, be sure to take pictures of your injury shortly after the accident and during your recovery. Include a ruler in the picture if you are taking close range photos so someone else will be able to gauge the size of your injury. A personal injury lawyer will be able to advise you on what to specifically keep track of and how to keep good records that may strengthen your personal injury lawsuit.
Laws governing personal injury lawsuits are complex and the very nature of personal injury claims is complicated. To receive the compensation you are entitled to, it is in your best interest to hire a personal injury lawyer to handle your claim.
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