Personal injury law is a type of tort law that deals with cases of people who have been hurt physically, mentally, or emotionally because of someone else’s carelessness. The person who was careless can be made to pay the person who gets injured. Damages like these are given out based on how bad the harm was and other factors. Compensation is given to the person who was hurt to help pay for medical bills, make up for any lost income, and make up for the physical pain, emotional distress, or mental anguish that was caused.
Who are personal injury lawyers?
A personal injury lawyer is a type of civil lawyer who helps people who have been hurt because of someone else’s carelessness, lack of care, or even intentional actions. They help their clients get compensation for injuries or emotional pain they’ve suffered. Personal injury lawyers usually help people who have been hurt in car accidents, slip-and-fall accidents at work, by defective products, or because of medical malpractice.
What do lawyers for injuries do?
Personal injury lawyers do all the things that other lawyers do, like write pleadings, make case briefs, do research, etc. Personal injury lawyers are experts in tort law, and they fight for their clients both before and during the trial. A personal injury lawyer does the following as part of his or her job:
Claims being looked into
Most personal injury lawyers are paid on a contingency basis, which means that they won’t get paid until a favorable settlement is reached. This means that the personal injury lawyer will only get paid if the party at fault pays the compensation.
Since the personal injury lawyer has to pay for the case himself until there is a favorable verdict or settlement, they are very careful when evaluating and choosing clients. They carefully look into the claims and only take on those they think have a chance of winning.
The investigation and gathering of evidence
A personal injury lawyer’s first job is to find out everything there is to know about the case. This includes information about what kind of damage was done and how bad it was. Getting facts and proof is important because it helps show that the wrongdoer is to blame. This also consists of—
- Taking pictures of the damage to the property
- Getting a report on an accident
- Putting together medical records, bills, and reports,
- Putting together documents and reports about work
- Getting reports on damage to property
- Trying to find witnesses
- Getting police reports, surveillance footage, and statements from witnesses
- Trying to reach a deal with insurance companies
A personal injury lawyer needs to be able to talk to people and make deals. Personal injury lawyers often work out deals with insurance companies. A personal injury lawyer handles all communications with the insurance company. This includes going over the details of the policy, figuring out how much compensation is fair, and sending demand letters for damages. They make sure that the person who was hurt doesn’t do anything that could hurt his claim.
Getting ready to argue
If the insurance company doesn’t pay for the damages, the personal injury lawyer makes a complaint against the defendant. The complaint has all the facts about what happened and the legal reasons why the defendant is to blame for the accident. In the complaint, it also says how much compensation is being asked for. Most of the time, the defendant has 30 days to answer the complaint.
Trying to find out a lawyer for a personal injury case can start the discovery process, which includes—
- Sending interrogatories to the defendant asking for information, deposing the parties, deposing witnesses and experts.
- Defending the client in court
Most personal injury claims are settled before they go to court. This is not news. But if the case goes to trial, a personal injury lawyer represents his client in court and argues for him, just like any other lawyer would.
Types of personal Injury compensation
There are two kinds of damages: damages that make up for something and damages that punish someone. Damages meant to make up for losses caused by injuries are called “compensatory damages.” Punitive damages are rare and are meant to hurt the person who did something wrong.
These are meant to make up for what you lost because of your injury. The two types of compensatory damages are special compensatory damages and general compensatory damages.
Special compensatory damages
Special compensatory damages, which are sometimes called “specials” or “special damages,” are meant to make up for the money you lost because of your injury.
Among these losses are:
- hospital and medical expenses
- medical procedures
- cost of rehabilitation
- Physical exercise
- ambulance costs
- Drugs on prescription and medication
- Care in nursing homes
Most injuries need to be treated by a doctor. The cost of care can quickly add up. You’re lucky that you can get money back for the medical bills you have to pay because of your injury. In fact, you’re also entitled to money for medical bills you’ll have in the future, even after your case is settled. Here are some examples of medical costs:
- Hospital stays
- Visits to the emergency room
- Therapy for the body
- Getting a massage
Keep in mind that if your health insurance pays for any of your medical bills because of your injury, the insurance company will want to be paid back from the damages you get. In fact, the insurance company will usually put a medical lien on any future damages you may be awarded.
In a personal injury case, you can ask the person or company legally responsible for your injuries to pay you for your injuries. This kind of payment is called “damages” in the law. The parties can agree on the amount of damages through negotiations, or a judge or jury can decide after a civil trial.
When you get hurt in an accident, the person who hurt you is responsible for paying you for your injuries. The amount of compensation you can get depends on what happened in the accident and how badly you were hurt.