Countless lawsuits are made every day as a response to personal injuries sustained because of the actions of another. Whether you’ve recently been the victim of an accident or you just want to learn more about the rights you have following a personal injury, here are some of the most frequently asked questions you might wonder about personal injury claims.
How can I tell if someone is liable for my injuries?
There are few injuries sustained outside of the home that are your responsibility. More often than not, your injury can become an actionable claim with the help of an experienced personal injury lawyer.
However, not all injuries are created equal. You and your lawyer must ascertain that there are legal grounds to hold another party responsible. The most common personal injury is negligence. This might happen if you slip in a grocery store due to the negligence of the company who failed to clean the spill or put up a wet floor sign. Other personal injuries can be a result of intentional torts, such as an attack on your person. Once liability can be proven, you and your personal injury lawyer can move forward with the case and work on reaching a settlement with the defending party.
What is the role of insurance in my personal injury claim?
More often than not, insurance will be a factor in the payments of your personal injury. For example, a car accident might involve both parties’ automotive insurance. There are also insurance issues pertaining to medical malpractice and business insurance claims if you’re injured because of the aforementioned slip and fall case.
Because the insurance company only focuses on themselves as a business, the settlement for an insurance company may not be fair. This is because the insurance company wants to protect themselves from financial exposure. Regardless, your compensation from the defending party might be enough to mitigate these costs with the help of an experienced personal injury lawyer.
Do I have to go to court?
More often than not, personal injury claims are settled before they ever see the oak of a courtroom. A settlement is reached with the help of an experienced personal injury lawyer. They will work with the defending party to form a compromise that works in favor of both parties. This may seem counterintuitive, but as the plaintiff, you have the right to reject a settlement offer and take the defending party to court if you’re unhappy with the terms of the settlement.
What can I get compensation for?
Compensation for your injuries can be more extensive than you think. This can include any medical bills you’ve incurred as a result of your injury, but it can also include missed pay from work, the cost of fixing your property, and pain and suffering. In more serious cases, this can also include funeral costs, the loss of benefits, and loss of companionship.
To learn more about what you qualify for, talk to your personal injury lawyer, like a personal injury lawyer Trenton, NJ, about your case in order to discuss what compensation you deserve.
Thank you to Davis & Brusca, LLC for their insight into personal injury law.