If you’ve been injured in an accident and you believe someone else is at fault for your injuries, you could be able to file a personal injury claim. More often than not, people think of personal injury attorneys as attorneys that handle car accidents, but this is not the case. Personal injury attorneys are able to help clients that have been injured in a pedestrian accident, construction accidents, product defects, and more. Here’s what you need to know about personal injury claims and how much you could make from a claim!
What is a personal injury attorney?
A personal injury attorney is an attorney that specializes in accidents and injury claims. Personal injury claims are some of the most complex claims, so hiring an experienced attorney should always be the first step one should take after they’ve been injured. Most people don’t know what to say to an insurance company or know what to say if they are being asked about the accident. In some cases, some victims aren’t sure if a third party would be liable for their injuries. Your personal injury attorney would be able to guide you through the steps of your claim, speak to insurance companies, speak to adjusters, and handle all the filing deadlines. A good PI attorney would be able to explain the local and state laws to their client, as well as let their client know the general amount of compensation they could be expecting to receive.
To find an experienced attorney, click here for our guide on how to find the right personal injury attorney!
What are some personal injury claims?
Negligence could come in many different forms. Whether it be a construction site not properly taking care of their tools, causing an accident, or a retail store having wet floors and not placing any notices or telling customers. Some of the most common types of personal injury claims involve:
Vehicle Accidents: When a car, motorcycle, or bus causes an injury, there could be many parties that are at fault. Defective parts on the vehicle that cause injury, government entities that do not take care of roads, tree service companies dropping branches on people or vehicles are all types of personal injury claims.
Product Defects: Under OSHA, companies are obligated to ensure their machinery and products are free of defects, even if finding the defect will bankrupt the company. For example, Timmy needs sterile eye drops for his sensitive eyes. The company that creates these eye drops have not cleaned their machinery, allowing dirt and debris to enter the packet of eye drops. Timmy would have the right to demand compensation from the company for selling a defective product, and injuring his eyes.
Premises Liability: A good example of premises liability is when a grocery store leaves a floor wet and without any signs, which causes someone to slip and fall. The injured person would have every right to sue the grocery store. Another quick example is a dog owner getting sued because they couldn’t control their dog, which had bitten someone and injured them.
Construction & Workplace Accidents: A common occurrence is getting injured on the job. Whether you work in an office with broken stairs, or a construction site for a skyscraper: the workplace must remain safe. Often times the worker’s insurance will cover the injuries, but if a third party was involved, you may directly sue them.
Assault & Battery: Of course this goes without saying. If you’ve been injured by being assaulted, you have every right to demand compensation.
What kind of compensation is involved in a personal injury claim?
Injuries could affect you for the rest of your life, so it’s important to get the most experienced attorney for your claim. Of course, each claim is different so the amount of compensation given would be different. For example, Dan was driving in his car following all the laws, as a car ran a red light, hitting Dan. The injuries were so severe that Dan had to amputate a limb. Dan would be receiving much more compensation compared to someone who has received a minor cut and a few bruises after an accident. Some compensation you could expect to receive after a personal injury claim includes:
-Physical / Mental pain
-Loss of income
-Medical & prescription bills paid for
-Vehicle repairs, rental car services
-Social losses caused by scarring or disfigurement
Working with both your attorney and your doctor could maximize the amount of compensation. Doing this can ensure that the doctor and attorney fully know the circumstances and the severity of the injury.
Q: What is the statute of limitations for filing a personal injury claim?
A: In California, the statute of limitations for filing a personal injury claim is 2 years after the date of injury. Sometimes injuries take some time to show up, so the court allows 2 years after the discovery of the injury.
Q: How much is my personal injury claim worth?
A: This question is best answered by an attorney who knows the full story about how their client was hurt. Once the attorney hears how their client had become injured, they would be able to better explain how much compensation one could receive.