What is Considered a Personal Injury Case?
A personal injury claim is a type of civil litigation that involves a person or persons being injured due to the fault or negligence of another individual.
When looking to make a personal injury claim, there are some things which you need to look out for to ensure that your personal injury claim is successful.
What is a Personal Injury Case?
You may have heard of the term ‘personal injury claim’, but what exactly is a personal injury case?
In short, it’s a claim that can be filed against someone who has wronged you. This could include accidents on the road or at work and medical malpractice, among other things.
To file a personal injury claim with your solicitor (or lawyer), you need to prove that someone else was at fault for your injuries and damages. Your solicitor will guide you through this process and help determine whether your case has merit.
If there is evidence in favour of your claim, then your solicitor will proceed with filing it with the court system so that the defendant(s) involved will be held accountable.
When this process is complete, and all parties involved have acknowledged their responsibility for causing harm or damage (either directly or indirectly), then compensation may be issued as compensation for any pain suffered, including physical pain from an accident.
You can also receive compensation for emotional distress; medical bills incurred during recovery time, lost wages due to missing work days due to injuries sustained because of someone else’s negligence and more.
What are the Most Common Types of Personal Injury Claims?
You can classify most personal injury claims into the six broad personal injury case types described below. Following is a non-exclusive list of personal injury types. These are not exhaustive.
Motor Vehicle Accidents. Motor vehicle accidents are one of the most common types of personal injury cases. Motor Vehicle Accidents include:
- Auto accidents
- Motorcycle accidents
- Trucking accidents
- Pedestrian accidents
- Uber/Lyft accidents.
Medical Malpractice. Medical malpractice occurs when a healthcare provider, typically a physician, injures a patient through substandard medical care. Examples include, but are not limited to:
- Surgical error
- Misdiagnosis
- Failure to diagnose a dangerous condition
- Improper prescription
Product Liability. Product liability claims generate some of the more unique types of personal injury lawsuits. A product liability claim arises when someone suffers injury from an unreasonably dangerous consumer product. The injured party does not have to be the person who purchased the product. You must prove that the product contained one of the following three types of defects:
- A design defect
- A manufacturing defect
- Or inadequate warnings about the dangers of the product.
Wrongful Death. Any type of personal injury claim can become a wrongful death claim if the victim dies from the injury.
Workplace Accidents. Workers’ compensation insurance covers most workplace injuries. The advantage of a workers’ compensation claim is that you don’t have to prove that your employer was at fault. The disadvantage is that you cannot receive non-economic damages such as pain and suffering.
Premises Liability/Slip & Fall. The owner or operator of a public establishment and even a private home must ensure that their premises are safe for guests, people performing legal duties such as mail carriers, and, to some extent, some types of trespassers. Most premises liability claims are filed against businesses. The most common type of premises liability claim is a personal injury claim over a slip and fall accident.
- The owner or operator of the premises must repair or warn of any dangerous condition that they know of or could have discovered through a reasonable inspection of the property.
Animal Bites and Attacks. Most personal injury cases involving animal bites and attacks are dog bites.
When Should I Make a Claim?
Most people usually have three years to bring a claim. The time limit normally starts from the accident date. However, in some situations, the rules are different and time limits are shorter.
If you do not act in good time, then you may lose your right to bring a claim. It can be difficult to move forward at the last minute. When possible, we would advise that you don’t leave things too late, and instruct a personal injury solicitor as soon as possible.
You will need to get in touch with them and discuss your case. The first meeting should cover some general information about what happens next, as well as any other questions you may have about your case or how it will progress going forward.
How Long Will it Take?
Much depends on your recovery and the stance of your opponents.
It is unwise to conclude a personal injury claim until a time when you are sure you have reached your maximum recovery. Otherwise, you run the risk of being under-compensated for any damage.
If your opponent is refusing to enter settlement discussions or wishes to contest your claim, then court action may be required, this will be determined on a case-by-case basis.
As a broad rule, straightforward claims take 6 to 18 months to conclude. More complex ones can take between 2 to 4 years.
How Can We Help?
From the minute you contact us, we will spend time getting to know you to understand the needs and concerns you have. We will reassure you that we can address them. And make the process of fighting for compensation as straightforward and stress-free as possible.
Unlike other law firms who have a ‘call-centre’ approach, you will not be passed from pillar to post. You will receive experienced personalised personal injury legal advice from a solicitor you can trust.
Most cases are pursued under ‘no win, no fee’ agreements giving you the confidence to fight your claim without taking any financial risks.
We are unusual and rare in that we represent both Claimants and Defendants. Hence, we know what the other side will be thinking and what they are likely to do next. This puts our clients at a huge advantage.
Count on us to be fearless in the pursuit of your claim, to get you justice and your life back on track.
Just Ask Harry about your Personal Injury Claim.
If you’ve been injured and you want to make a claim, it can be a confusing process.
We hope that this article has helped you better understand how personal injury claims work, so that if the time comes in your life when one is necessary, you have some clarity on what’s ahead.