Legal Guide

What Is a Personal Injury Lawsuit?

You've probably heard about personal injury lawsuits at some point in your life, but you might know precisely what they entail. The brief definition of a personal injury lawsuit is a suit against a party that is responsible for the plaintiff's injury. Personal injuries can happen in a wide variety of situations. Here is some information about them for your review. You should contact a specialist if you think you are a victim of such an injury.

Requirements for Personal Injury Lawsuit

For an injury to be considered for a lawsuit, it must be caused by someone else. The person must also have been neglectful in his or her actions, and the neglect has to be the reason for the injury. A person can't file a personal injury lawsuit against someone simply because he or she is hurt. The individual must first prove that there is an injury, and then there have to be enough facts in the case to prove that a neglectful person caused it. In Los Angeles, an injured person can still win a personal injury case even if that person is partially responsible for the injury. The settlement would be reduced based on the individual's percentage of fault.

Common Personal Injury Lawsuits

Personal injury suits are prevalent in the United States. More than 26,000 people are eligible to file personal injury lawsuits each year, according to the Bureau of Justice Statistics. Many of those cases are car accident-related. Most car accidents are potential personal injury lawsuits because they almost always involve a negligent party. Drunk drivers, distracted drivers and people who do not pay attention to traffic rules are among the people who are subject to lawsuits. In some cases, the vehicle manufacturer is subject to a personal injury lawsuit because it failed to notify its customers of a recall or danger.

Another common type of personal injury is something called a slip-and-fall case. People slip inside of business establishments for a variety of reasons, and they end up getting hurt because of it. Those people have a right to see a personal injury lawyer if their falls are in any way related to neglect. Businesses are neglectful when they don't enforce safety guidelines such as spill guarding and using signs when the floor is wet. A slip-and-fall incident can also occur inside of someone's house. A person can sue his or her best friend if that friend leaves toys on the floor during a visit, and the other friend falls and hurts himself.

Medical malpractice is another part of the personal injury umbrella. Medical professionals swear to do everything possible to preserve people's lives and protect them from harm. Neglect occurs when medical staff members make poor choices or fail to act in the best interest of their patients. Missed and inaccurate diagnoses, improper medication administration, and surgical hygiene errors are examples of things that can warrant a personal injury suit.

Dog bites are common personal injury suits, as well. A pet owner is supposed to keep his or her pet from causing harm to other pets and human beings. Anyone who fails to do so can get hit with a personal injury suit if someone gets hurt.

Compensation You Can Get

A plaintiff in a personal injury case can get two types of compensation: compensatory damages and punitive damages. Compensatory damages are the monies that cover the victim's medical bills, lost work wages, and therapeutic sessions. The amount of the settlement depends on the extent of the injuries, the nature of the neglect and the documentation that the lawyer provides to prove what the injured person lost. The plaintiff can only receive punitive damages if he or she wins the case for compensatory damages. Punitive damages are additional funds the victim may receive if the neglect is extensive. The court uses it as a way to prevent further neglect from occurring. Each settlement amount varies according to the circumstance in the case.

How the Process Works

The first step in the process of seeing whether a case is viable is to contact a reliable personal injury attorney. That person will look at the facts and documentation and determine whether the plaintiff has a good chance of winning a settlement. Some attorneys offer contingency representation when a case looks good. If the victim decides to hire the attorney, the attorney will start gathering information and documentation. He or she may also try to resolve the issue of court by reaching out to the defending party. That doesn't always work, and the case will have to go to a full trial if the other party doesn't cooperate. Personal injury cases can take several months or years to conclude if they have to go through a trial.

How to Get Help

An injured person can get help by contacting a personal injury lawyer. The consultation is the first step to finding out whether the case qualifies. It allows the lawyer and the victim to get to know each other and decide whether they can work together toward a common goal.

What you just read is a thorough description of a personal injury lawsuit. A personal injury lawyer in Los Angeles can help you if you believe that someone else's neglect caused your injuries. A consultation may be free, and you could also be eligible for contingency representation if your case is strong. Make a phone call today and have your case evaluated.

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