What To Consider Legally When Injured

Injury may happen anywhere: in the workplace, hospital, home, on the road, and in public places. It can be caused by defective products, chemicals, reckless driving, not wearing appropriate safety gear, lack of safety devices, and someone's negligence. But, what do you need to consider legally when you have been injured?

Learn the legal considerations of a personal injury case by reading below.

Seek Compensation for Damages

Suppose you or a loved one suffered an injury in the workplace, got hit by a car, or fell victim to medical malpractice. In such cases, it's crucial to prove your claim and seek the right compensation for damages incurred by hiring a personal injury lawyer. Personal injury covers aspects of tort law or cases wherein a victim got injured due to negligence or harm brought about by another person, group, or entity.

Personal injury damages are usually compensatory, intended to compensate the victim for what was lost because of the injury or incident. A compensatory monetary award makes the victim "whole again" or helps him recover. Once the at-fault party or insurance company agrees to pay the settlement amount or you win the court case, compensation will be given to you.

In most cases, the law firms receive the settlement check, deposit it into an escrow or trust account until it clears, and disburse to the plaintiff his portion of the settlement funds. Click this to find more information about settlement checks.

Identify The Cost Of Damages

Identifying the damages incurred is important in determining the amount of compensation you should receive. But, what are the types of damages that merit compensation? Here are some common examples:

1. Economic Damages

Economic damages are awarded to injury victims so that they can recover from their financial losses. For example, severe injuries from a car crash would result in economic damages because of hospitalization expenses. Economic damages are calculated based on the fair market price when the incident occurred.

Here are some examples of economic damages:

• Medical expenses

• Loss of income

• Funeral expenses (wrongful death)

• Disability

• Property damage

• Personal care costs

2. Non-economic Damages

Pain and suffering are good examples of non-economic damages which are less tangible than economic damages. The multiplier method is one way to calculate the amount of compensation for pain and suffering. For instance, if a person has US$5,000 worth of medical bills due to fractured hips, the value of pain and suffering is US$10,000 (when the determined multiplier is 2). The more severe the victim's injury is, the higher the multiplier.

When calculating for damages, the important factors to consider would include the severity of the victim's injury, age, occupation, and income.

Here are some examples of non-economic damages:

• Pain and suffering

• Mental distress

• Loss of companionship

• Loss of reputation

• Loss of enjoyment of life

3. Punitive Damages

Punitive damages serve to punish the defendant and to prevent others from doing the same criminal act. The defendant's conduct must be proven as malicious or reckless for this compensation to be awarded. One example is paying punitive damages to an injured victim due to distracted or drunk driving.

The Legal Process

Personal injury cases are subject to due process. The best person who can help you better understand how the law works, particularly the timeline of a personal injury case, is a lawyer.

Take a look at the following important considerations when handling a personal injury case:

• Statute Of Limitations: It refers to a law that prohibits prosecutors from legally charging someone after a specified number of years. This also applies to personal injury claims. The purpose of this law is to ensure that all convictions are evidence-based and not deteriorated with time.

• Negotiation: A personal injury lawyer tries to negotiate or settle the case before a lawsuit is filed. Most often, plaintiffs and insurance companies come up with a fair agreement or settlement. A good personal lawyer won't demand until the victim has reached maximum medical improvement (MMI) to determine the case's worth.

• Litigation Phase: The litigation phase begins when the lawyer files a lawsuit in court. Generally, the court trial for a personal injury case takes one to two years from when a lawsuit is filed because of pre-trial procedures.

Conclusion

When injured, the important legal considerations include seeking compensation for damages with the help of a personal injury lawyer. The amount of compensation for damages must be figured out, along with the legal process involved in handling a personal injury claim. An experienced lawyer can help victims seek the maximum amount for damages the injury or incident caused, such as monetary, non-monetary, and punitive damages.