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What Qualifies as a Personal Injury Case?

what-qualifies-as-a-personal-injury-case Injuries can often lead to a personal injury lawsuit due to an accident or negligence. Our qualified personal injury attorney will help you understand the successful personal injury case criteria.

Rosenfeld Injury Lawyers LLC is a personal injury law firm that represents people who have been injured due to someone else's negligence. Our successful background in personal injury law allows us to provide our clients with the best possible legal representation.

For more legal information about personal injury lawsuits and other cases, please contact us today to schedule a free consultation or call us at (888) 424-5757.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a claim filed by a harmed individual against the person or entity responsible for their injuries. The purpose of filing a personal injury lawsuit is to seek compensation for the damages caused by the negligence or recklessness of another party.

To have a successful injury lawsuit, the harmed party must prove that the other responsible party was at fault for their injuries. Fault can be confirmed in several ways, but the most common is through negligence.

Negligence occurs when the other party fails to take reasonable care to avoid causing damage to the plaintiff. For example, when a driver fails to yield the right of way to a pedestrian and is struck by the driver's vehicle, the pedestrian may file an injury lawsuit against the driver.

In this case, the driver would be considered responsible because they failed to take reasonable care to avoid causing harm to the pedestrian. It is the right of every person to work in a safe environment.

Fundamental of a Personal Injury Lawsuit

Injury cases are legal disputes that arise when one person suffers an injury, and another person is liable for that injury.

A personal injury claim can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment. As is much more common, one may resolve such disputes through informal settlement before any lawsuit is filed.

The law that governs personal injury claims is called tort law. In civil cases, tort law involves the wrongful act that causes harm to another individual. The party who commits the tort is called the tortfeasor.

For example:

Intentional infliction of emotional distress is successful on their claim; they will be awarded money damages for their injuries

An insurance company has attorneys representing them from the start. It would help if you had an experienced personal injury attorney on your side.

Our personal injury attorneys will help you determine if you have a damage case liability. It is important to note that not all life-threatening accidents or injuries will result in an injury lawsuit.

For a claim to be successful, the harmed individual must prove that the other party was at fault for their injuries.

Formal Lawsuit vs. Informal Settlement

Personal injury cases are typically resolved through an informal settlement or a formal court verdict between the victim parties.

Filing informal settlement is a negotiated resolution between the parties, typically with the help of their respective personal injury lawyers. A judge or jury hands down a legal court verdict after a trial.

Liability in personal injury cases is settled informally before a lawsuit is ever filed. Data shows that 95% of all civil claims are settled out of court before the case goes to trial.

Benefits of resolving a personal injury claim informally include:

  • The victim maintains control over the outcome of the case.
  • Both parties avoid the expense and unpredictable outcome of a trial.
  • All parties can keep their life private from public view at trial.
  • There is less harm that an adverse ruling will impact the parties in future life cases.
  • In most cases, the parties can settle a case more quickly and cheaply than they could through a formal court verdict.

Benefits of resolving a personal injury case through a formal court verdict include:

  • Liability for damage may be held financially responsible for all of the injured party's damages, including their:
    • Medical bills,
    • Lost wages,
    • Pain and suffering.
  • Parties found liable for damage may be subject to punitive damages designed to punish the tortfeasor and deter similar behavior in the future.
  • Parties may have more certainty about the outcome of the case.
  • Parties may be more likely to comply with the terms of a court-ordered settlement or judgment.
  • Publicity surrounding a legal court case may discourage similar behavior in the future.

The downside of resolving a personal injury case informally is that the harmed individual may be at a disadvantage when negotiating with the other side. It is always advisable to consult with our attorneys before agreeing to an informal settlement to ensure that your legal rights are fully protected.

What Is the Difference Between Bodily Injury and Personal Injury?

Generally Speaking, bodily injury refers to physical harm that another person causes. On the other hand, personal injury is a legal term that encompasses both physical and psychological injuries.

Bodily injury can include anything from a minor bruise to a catastrophic injury, such as paralysis.

Claiming bodily injury from another person usually requires that the party prove that the other person was at fault for their injuries. Our firm’s lawyer can provide you with all the details related to these cases.

Physical injuries may include broken bones, burns, or other physical harm that requires medical treatment. Psychological injuries may include

  • Emotional distress
  • Post-traumatic stress disorder
  • Anxiety
  • Pain and suffering

Medical malpractice is a case that arises when a medical professional fails to provide the standard of care expected. It can include mistakes made during surgery, incorrect diagnoses, or treatment that causes further injury.

The Statute of Limitations

A statute of limitations is a law that limits the amount of time that a harmed individual has to file a lawsuit. This limit will vary depending on the state to state but typically between 2 to 6 years.

Personal injury law indicates that the statute of limitations begins to run as soon as the damage is sustained. It means that the injured individual has a limited time to file a lawsuit, regardless of whether they are aware of their damage.

Once the statute of limitations expires, the injured defendant can no longer sue for damages. So far, the only exception to this rule is in criminal cases of child sexual abuse, where the statute of limitations does not begin to run until the victim turns 18.

The legal duty of a lawyer to file a lawsuit within the statute of limitations is the "statutory duty." This duty exists regardless of whether the injured party knows about their injury.

Defining Comparative Fault

Comparative fault is a legal doctrine that allows a harmed individual to receive damages even if they were partially responsible. This doctrine determines the percentage of responsibility that each party bears for the injury.

If an injured individual is found to be 50% or more at fault for their injury, they are not entitled to any additional compensation. If they are found to be less than 50% at fault, they may still recover damages, but their award will be reduced by their degree of responsibility.

For example, if an injured victim is awarded $100,000 in damages but is found to be 40% at fault for their injury, their award will be reduced to $60,000.

Comparative fault is determined on a state-by-state basis. Some states use a "pure" comparative fault system, which allows a harmed individual to recover damages even if they are 99% at fault.

Other states use a "modified" comparative fault system, limiting the number of injuries sustained that a harmed individual can recover based on their degree of fault.

Types of Accidents That Can Result in Personal Injury Lawsuits

Accidents can occur in various settings and result in serious injuries. The harmed victim might be able to file a lawsuit if another person's negligence caused the accident. The injury occurred due to an auto accident, or car accidents may sue for personal and bodily injury.

Some common types of accidents that can lead to personal injury lawsuits include:

By hiring our experienced personal injury lawyer, you will better understand whether or not you have a case. They will be able to review the facts of your case and advise you on the best course of legal action.

Recoverable Damages in a Personal Injury Case

The type and amount of financial compensation that a harmed individual can recover in a personal injury lawsuit will depend on the specific facts of their case. Insurance claim adjusters use several factors to determine the value of a damage claim, including:

Medical Expenses:

A harmed individual can recover the cost of their medical treatment, including hospitalization, doctor's visits, and medication.

Lost Wages:

An injured individual can recover the wages they have lost due to their injury. It includes both past and future losses.

Pain and Suffering:

An injured person can recover accident damages for the pain and suffering due to their injury. It is one of the most common damages awarded in cases.

Emotional Distress:

A mistreated person can get compensation for the emotional distress due to the damage. It may include

  • Anxiety
  • Depression
  • Post-traumatic stress disorder

Emotional trauma is a typical result of serious personal injuries.

Loss of Companionship:

A defendant may be liable for compensation for the loss of companionship that the plaintiff has suffered due to their injury. It may include the loss of a spouse or child.

Punitive Damages:

A harmed individual may be awarded compensation for these accident damages in some cases where the defendant’s egregious actions led to the victim’s damages.

Any potential damage case is going to be complicated. There are a lot of different variables that will need to be considered to determine the value of the case. It is so essential to hire an experienced personal injury attorney.

Our injury attorney will be able to investigate the accident, collect evidence, and interview witnesses. They will also be able to negotiate with the insurance companies on your behalf. The attorney-client relationship is confidential, so you can feel free to discuss your case with them without fear of reprisal.

Hiring an Attorney Offers the Best Chances of Getting a Fair Settlement

Rosenfeld Injury Lawyers, LLC, is a law firm with over ten years of experience. We have a proven track record of success and have recovered millions of dollars in damages for our clients. We offer a free consultation so that you can have your case evaluated by a qualified personal injury lawyer without any obligation.

By hiring our firm, you can be sure that you will be getting the best representation possible. We will fight for the maximum compensation of damages that you are entitled to. Be sure to contact us at (888) 424-5757 today to schedule your free no-obligation consultation.

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Client Reviews
★★★★★
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa