Types of Cases a Personal Injury Attorney Handles
A Comprehensive Guide
A personal injury attorney is a lawyer who represents individuals who have been injured in an accident or because of another’s negligent behavior. In personal injury law, there are many different types of cases that a personal injury attorney can handle, depending on the circumstances of the injury and the party responsible for it. This comprehensive guide outlines the different types of cases a personal injury attorney handles and what to expect from the legal process. Next Article.
What is a Personal Injury Attorney?
A personal injury attorney is a lawyer who represents individuals injured or harmed by another’s negligence. Personal injury cases include car accidents, medical malpractice, slip and fall accidents, product liability cases, and wrongful death cases. It is critical to hire an experienced attorney immediately after an accident to ensure that all necessary evidence is preserved and that you receive fair compensation for your injuries. More Helpful Info Here.
Types of Cases Handled by a Personal Injury Attorney
There are several different types of cases that a personal injury attorney handles. Car accident cases are typically broken up into two subcategories: the at-fault driver and the car owner. A slip and fall accident happens when someone slips or trips on the property of another individual or business. It can also happen when a person slips and falls because of a dangerous condition such as debris on a sidewalk or stairs. These accidents are often referred to as premises liability accidents. A medical malpractice case involves a doctor, nurse, or other health care provider making a mistake during a service or procedure that causes harm to a patient. Medical mistakes include misdiagnosis, incorrect treatment, negligence during surgery, or medication error.
Determining Liability
In order for a personal injury attorney to file a lawsuit on behalf of their client, the injured individual must be able to prove the at-fault party had a certain level of negligence that led to the injury. There are two levels of negligence:
- Gross negligence: This is the most severe type of negligence. It means that the at-fault party acted with reckless disregard for the safety of others. An example of gross negligence is drunk driving.
- Ordinary negligence: This is the most common type of negligence. It means that the at-fault party did not act as carefully as a reasonable person would have in the same situation. An example of ordinary negligence is running a red light.
Statute of Limitations
Each state has a statute of limitations that dictates how long after an accident an injured person can file a personal injury lawsuit. Typically, the statute of limitations is two years from the date of the accident, but it may vary from state to state. If a personal injury attorney discovers that their client is outside the statute of limitations, they will decline the case. If an injury is discovered long after the accident, the statute of limitations starts when the person discovers it, not when the injury occurred. Therefore, it’s important to keep track of any injuries and make sure they are properly cared for.
What to Expect From the Legal Process
Finally, as the client of a personal injury attorney, it’s important to know what you can expect during the legal process. Depending on the type of case, the legal process can take anywhere from six months to a few years. The first step in all cases is to file a police report. After the police report is filed, your personal injury attorney will help you client obtain medical treatment. Next, your attorney will file a civil lawsuit for damages against the at-fault party. If the lawsuit is successful, a settlement or court judgment will be awarded to the injured party. The funds from the settlement will be used to cover medical expenses, lost wages, future medical care, and other expenses related to the accident.
