Types of Personal Injury Claims | The Maida Law Firm

Types of Personal Injury Claims

Types of Personal Injuries We Deal With

You may be asking yourself “What’s my case worth?” It all comes down to damages, which is determining what your injuries have cost you financially, mentally, and physically. In some cases, it may even be necessary to punish the defendant.

Detailed knowledge of the law, processes, and facts is necessary for any potential personal injury case. You may be eligible for compensation if an accident has affected your life. Talk to an injury lawyer near you to learn more.

Contacting an attorney is the first step in the personal injury process. The attorney will most likely arrange a free consultation with you when you call. The meeting should last between 30 and 60 minutes. The attorney will review your case and inform you about your legal options. The meeting will help you decide if you feel you and the lawyer are compatible.

The other side might ask you to sign a waiver if you settle, especially if you are dealing with an insurance company. This release declares that the case is settled and is binding. This release is final and cannot be rescinded. It is important to understand the extent of your injuries and the cost they will incur over the next few months and years.

Texas Civil Practice and Remedies Code Chapter 41 “Damages” outlines the various types of damages that can result from negligence.

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See our articles on medical malpractice cases and damages in defective product cases for more information.

The facts and evidence in your personal injury case will determine whether or not either side is willing to settle. They may be more open to settlement if they have substantial evidence that implicates them. If they have evidence that you are partially responsible for the accident, they may be more inclined to settle for a lower amount.

The attorneys on each side might enter into negotiations once discovery is over. This can be especially true if one side believes the other has a stronger case. It can be a strong incentive to settle if one side believes that they will lose at trial.

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Although punitive damages are paid to the plaintiff who was injured, the main purpose of these types of damages is to punish and deter the defendant. It is not uncommon for punitive damages awards to exceed tens of million dollars. Most states have imposed some kind of limit on punitive damages in personal injury cases.

Personal injury damages are usually considered “compensatory,” which means they are meant to compensate the plaintiff for any loss or damage that occurred due to the accident. Compensatory damages are awarded to the injured plaintiff in order to make them “whole” from a financial standpoint. This is a way to quantify all the effects of an accident. Some compensatory damages, such as reimbursement for property damage or medical bills, are easy to quantify. It’s more difficult to quantify “pain and suffering”, or the inability of enjoying hobbies due to lingering injuries from an accident.

Each personal injury case will be unique. However, there are some common landmarks that you can expect to see once you have made the decision to file an injury lawsuit.

An attorney may be able to help you discuss your case and determine the best course of action. Find out how to find the best personal injury lawyer for your case.

It is crucial to accurately assess the damages. You could end up paying out-of-pocket for injuries or losses that you aren’t responsible for if you ask for too much. You may be held responsible if you ask for more than you are entitled to by the judge or insurance company.

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What is a typical case of personal injury? Is there another basis for personal injury other than negligence? What happens if I sue? What happens if my case is successful? What does it mean for a case to be settled? Who will be held responsible for my injuries? Is it necessary to file a personal injury suit within a specified time limit?

Both sides will request evidence and witness information during the “discovery” phase of the pre-trial process. Both sides will appear before the court in the initial stages to tell the judge how the case is progressing, to discuss mediation or arbitration, and to set a trial time. Both sides will schedule depositions of witnesses and the opposing party as discovery progresses. Question-and-answer sessions under the oath.

This is where most personal injury cases end. This is usually in the favor of the injured party. Settlements are often more beneficial for the injured party because they allow them to receive their compensation sooner and help pay for any medical bills or other expenses that may have accumulated. There are situations where the at-fault party or your attorney cannot come to an agreement.

You may want to file a personal injury suit if you were involved in an accident caused by someone else. A personal injury lawsuit can help you get the compensation you need to cover your medical bills and make up for any lost income. Many people are unsure of the process and how long it will take to file a lawsuit. Although no one can predict how long a case might take, it is possible to estimate the time if all facts are considered. However, there are some steps that should be followed in any personal injury case. Types of Personal Injury Claims | The Maida Law Firm

The state law establishes the limitations and they can vary depending on the type of injury. In Texas, for example, the statute of limitations on injuries to an individual is 2 years. It is 5 years for a sex crime and 1 year for libel/slander. It can vary from one state to the next.

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Frequently Asked Questions

What type of case is a personal injury?
Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm.Sep 27, 2019

What are the types of damages in personal injury cases?
3 types of damages in personal injury cases: general damages, special damages, and punitive damages. General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole.

What are the two types of injury claims?
There are two main types of personal injury compensation damages: compensatory damages and punitive damages.

What does a personal injury claim cover?
Types of personal injury compensation Special damages are designed to put you back in the financial position you were in as if the accident had never occurred. This means any out of pockets expenses such as travel to medical appointments, loss of earnings, damage to your belongings, or to pay for other costs.

What is an example of personal injury?
Some personal injury case examples include slip-and-falls due to slipping on ice or tripping over debris, whether at work or on private property the loss of a finger or limb in an accident at work due to defective machinery, …Nov 6, 2017

What are types of personal injury cases?
Motor Vehicle Accident. Each year millions of people are injured, sometimes fatally, in motor vehicle accidents. … Medical Malpractice. … Wrongful Death. … Workplace Accident. … Premises Liability. … Products Liability. … Other Types of Personal Injury Cases.

What is the legal definition of personal injury?
A personal injury is an injury suffered by a person to his or her body, mind and emotions and is usually due to someone else’s negligence or carelessness. This also includes wrongful death or situations where the injuries prove fatal. A personal injury falls under the scope of Personal Injury Law or Tort Law.Mar 26, 2021

What is considered to be a personal injury?
Personal injury implies any type of injury sustained in accidents. These types of injuries may arise from car accidents, slip and fall accidents, defective products, or wrongful death claims. On the other hand, bodily injury is more limited and may imply injuries sustained by another person, usually in a car accident.

What is the difference between bodily injury and personal injury?
Bodily injury may be referenced in criminal court cases, referring to injuries sustained by someone who has been the victim of an assault or another crime. Personal injury is commonly referenced in civil court claims and covers all costs incurred as the result of an accident or wrongful death.

What are examples of personal injury?
Some personal injury case examples include slip-and-falls due to slipping on ice or tripping over debris, whether at work or on private property the loss of a finger or limb in an accident at work due to defective machinery, …Nov 6, 2017