Personal Injury Laws in the US
Personal injury becomes a legal wrong when harm has been caused to a person’s body, emotions, or reputation. This can happen due to an accident, negligence, or intentional factors. Personal injury comes under a broad subject known as Tort Law.
The 3 main bases under which personal injury claims can be brought:
Negligence:
a personal injury claim due to negligence can occur if any individual has breached the duty of care. This means that if a person in any ordinary circumstance, has not done the basic minimum to ensure the safety of people of others that are using or are on his property, can bring about a case of personal injury due to negligence.
Strict liability:
Under this, the accused is held liable for committing an action, regardless of whether they intended it to happen. Strict liability is imposed when the owner takes full responsibility for any product or service provided under their management. It is their duty to ensure that no harm is caused due to their product or service. However, if such harm takes place without the owner intending it or even directly causing it, they can be held for causing personal injury due to strict liability.
Intentional wrongs:
personal injuries stemming from these happen when the accused intended it to happen. These can be instances of assault, battery, false imprisonment, trespass to land, and even intentional infliction of emotional distress.
In case anyone has suffered or is suffering from personal injury, they can claim damages against the accused. These damages act as compensation. They cover expenses like medical, lost wages, any travel or household expenses, to compensate for any pain, mental or emotional distress they may feel because of the injury.
Some of the most common causes of personal injury are:
Medical Malpractice:
This can arise when a doctor or any other medical professional provides a treatment that is in any way negligent or not appropriate and falls below the standard of care established as an industry standard.
Defamation:
This can happen via written or spoken word. They are called libel and slander respectively. This kind injures a person’s reputation caused due to false statements. To prove a claim against defamation, a person must show that actual harm(financial) occurred through the statements made and that they were made with malicious intent.
Assault/ battery:
this is a kind of intentional tort that is not based on accident or negligence. This happens when one person knowingly harms or injures another. This makes up a criminal as well as a personal injury matter.
If you or anyone you know has suffered from any of the injuries above, contact a lawyer who is well-versed with Tort laws. They can help fight your case against the accused. At Autrey Law firm, P.L.L.P, a team of dedicated and licensed lawyers, with over 30 years of experience, are ready to represent your needs with honesty and trust at State, Federal, and Judicial courts across North Dakota and Minnesota.
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Documentation Required for a Personal Injury Lawsuit
The claims made in a personal injury case need documentary evidence. The documents you present will be the most authentic support for your case and can determine the compensation you get in the case.
Although the documentation varies from case to case depending on the nature of the injury and the party responsible for the injury, here’s a list of some general documents that are necessary for filing any personal injury lawsuit:
Law Enforcement Reports:
Any personal injury needs to be reported to law enforcement authorities such as the police, etc. These authorities will visit the scene where the injury took place and prepare a report. The report includes all details of the accident such as the evidence at the scene, witness information, etc. This report can help you as an authentic support document in a personal injury lawsuit. Besides, it can also provide leads for further investigation for more evidence.
Reports of the Incident:
In addition to the reports made by the law enforcement authorities, there might be other reports of the accident. For instance, if the accident occurred at your workplace, your colleagues, etc. might have prepared a report. Such reports can add credibility to your claim.
Photographs:
Photographic evidence is another critical piece of evidence in a personal injury case. Photos of the injury, the surroundings where the accident occurred, etc. For instance, if you have suffered an injury due to reckless driving of someone, photographs of the vehicle in question will support your case.
Medical Journal:
This is a document you can prepare by yourself. A medical journal is made to indicate the impact of the injury on the individual’s life. In a medical journal, you can maintain a record of how you were affected by the injury, how you feel each day, your medical treatments, visits to the doctors, etc. This can be valuable data for representing you in a personal injury lawsuit because your personal account will indicate the extent of physical and emotional trauma you have experienced due to the injury.
Insurance Details:
You must save all the correspondence you have had with your insurance company for recovery.
Bills:
A personal injury lawsuit is filed to claim financial compensation. Therefore, you must keep a record of all expenses you have incurred due to the injury. This will include all your medical bills, insurance explanation, etc.
In addition to these expenses, you can also claim for other expenses that arise due to the injury. For instance, if you had to hire someone to fulfill certain responsibilities you are unable to because of the injury, you can claim the amount you pay the individual working for you. You can also claim the fuel charges you bear for driving to a medical center for treatment of injury, etc.
Wage Loss Proofs:
You can provide proof of the wages you may have lost due to your inability to work because of the injury. You can claim compensation for lost wages and earning capacity with supporting evidence.
A personal injury lawyer can help you collect all the necessary documents and represent you. Autrey Law Firm has expert personal injury lawyers to help you in all types of lawsuits.
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Common RoadBlocks in a Personal Injury Lawsuit!
When you suffer a personal injury because of someone’s recklessness, you are eligible for compensation from the individual responsible for the accident. However, claiming compensation is not easy because the defendant in the case will try different methods to avoid paying it or reducing the amount to be paid.
Some of the ways in which a defendant may try to defend his case are by denying his responsibility for the injury, blaming the plaintiff for the injury claiming that it was his carelessness that caused the injury, etc.
The plaintiff in the case needs evidence and witnesses to support his case so that he can get the required compensation. Hiring a personal injury lawyer offers several benefits in such cases.
Here are some common roadblocks you may face in claiming compensation in a personal injury lawsuit:
Delays:
Insurance companies that have to pay the compensation usually try to delay the trial of personal injury lawsuits by using different strategies. One of the delaying tactics used commonly is asking the plaintiff for more information to support his case.
Dismissal of Case:
Another popular strategy used by insurance companies in personal injury lawsuits is asking for the dismissal of the case. They generally file several motions to dismiss the case even before the start of the discovery process. Even if the case does not get dismissed, it definitely gets delayed because of repeated requests for dismissal.
Offering Inadequate Settlement:
Insurance companies offer an out-of-court settlement. They try to convince the plaintiff that a court trial will waste their time, or that their case is weak and they will hardly get any compensation, etc. They will make a low offer to the plaintiff and try to convince him that this is the best they can get.
Court Trial:
In the case of a court trial, the defendant’s attorney will try to prove that your case is not valid and that the defendant is not responsible for the injury in any way. They will question the claim you make and try to dilute your case with their defense.
The best way to overcome these roadblocks is to hire a personal injury lawyer who is well-experienced in representing clients in similar types of personal injury cases.
This is because personal injury lawyers can:
- Estimate the exact amount to be claimed
- Their experience in the field helps them understand the nuances of such cases
- They are aware of all the documentation and evidence required to support their case
- They are well-versed with the approach of insurance companies and know the best course of action
- Personal injury lawyers are experienced negotiators and can negotiate with the opposing attorney or insurance company to get you the best compensation
- They have the expertise in courtroom trials and provide you the best representation in the courtroom
Autrey Law Firm has the best personal injury lawyers who are well-experienced in representing clients in different types of personal injury cases. Our lawyers are certified and licensed to represent clients in state, federal, and judicial cases in North Dakota and Minnesota.
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How to Get the Best Personal Injury Settlement?
If you have suffered an injury due to the recklessness of someone else, you can claim compensation from the individual/ organization responsible for the injury. Claiming compensation is not a straightforward process. A personal injury lawyer is a specialist in personal injury lawsuits and can help you get the best settlement.
Here’s an overview of what you need to do to get the best personal injury settlement:
Assess Claims:
When you suffer a personal injury, some of the most obvious factors for compensation are things like medical expenses incurred, wages lost due to the inability to work, any injuries that have a long-term impact. Besides these, there are several other small and large expenses that you may have to incur due to personal injury.
A personal injury lawyer is the best person to accurately assess your claim amount.
Decide on the Minimum Amount you will Accept:
In a personal injury lawsuit, the settlement amount is a debatable one.
It is recommended that you determine a minimum settlement amount that is acceptable to you. This helps in negotiations because you will have an idea of the lower limit of your claim.Your claim amount will be higher than the minimum settlement amount. However, do not be too rigid about your claim amount because it can vary for several reasons.
For instance, you may not have considered certain conditions that weaken your case. In such a case, you will have to lower your claim amount. Alternatively, during the negotiations, you may discover facts that you might have overlooked earlier that make your case stronger. Here, you have an opportunity to increase the claim amount.
Fix the Claim Amount:
When you are making your claim make sure that you quote an amount that is higher than the actual amount you deserve for the injury. This will serve as a negotiation margin when the final settlement amount is settled.
Negotiate Smartly:
When you are claiming compensation in a personal injury case, the opposing attorney will try to assess your stand by suggesting a low amount for settlement. Make sure that you don’t jump at the first offer you receive because the lawyer is trying to judge you with this offer.
You can make a counter-offer that is below the actual amount claimed. This will give an indication to the opposing attorney that you are aware of the worth of your offer and are ready to negotiate.
A final amount is reached mutually after both parties make their offer and counter-offers. Make sure that you do not settle for the minimum amount that you have decided on.
Having a personal injury lawyer by your side is helpful because he can negotiate the case so that you receive the best settlement.
Bargain Cautiously
Here are some golden rules while bargaining in a personal injury lawsuit:
- Do not reduce your claim amount more than once until the other party makes a counter offer.
- Do not reduce the amount demanded more than twice unless there is an increment in the original of the other party.
Once the settlement amount is mutually agreed on by both parties, create a written record and share it with all parties.
Autry law firm has the best personal injury lawyers who can ensure the best settlement amount!
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Typical Causes of Personal Injury
The laws coined on personal injury allow a person to receive compensation if others harm them. Multiple situations might lead to individual injury cases. But every injury is not termed as a liability. Some common causes can be called personal injury.
Cases of car accidents
Car accidents mostly lead to personal injury cases in the United States of America. When an accident occurs, it is caused due to breaking the rules of the road or someone roughly driving the car. A driver who drives the vehicle carelessly can be charged under personal injury law and held financially. Although, there are quite some exceptions in the US where the drivers need to collect the insurance from their insurers except in fatal injury cases.
Fall and slip cases
Slip and fall is another typical personal injury case. The property owners should keep their property free from hazards to be safe for the people living inside it. All the injuries or fall cases that occur inside the property will be coined as personal injury cases. The exact cause of the issue and the landowner’s legal duty depends on the kind of situation. It also depends on the law designed for the particular place or state where the liability occurs.
Dog Bites
In maximum cases, the dog owners are financially responsible for any liabilities caused due to dog bites. However, the same law of the owners differs from state to state. But in some places, the dog owners are highly responsible for any dog bite even if the dog did not intend to bite in the past. Therefore, dog bites are a significant cause of personal injury problems.
Slander or Libel
Defamation in the form of slander or libel means disrespecting a person and injuring a person’s reputation due to untrue sentences. The exact cause of defamation is brought under the law depending on the person’s statements and where the announcement was made. An average person needs to prove that a vague negative comment was made and that the financial losses came from it. Celebrities, on the other hand, need to confirm that the untrue statement was spoken intentionally.
Battery, Assault and Other Intentional Tortures
Unlike the other different types of personal injury claims, intentional tortures do not depend on the carelessness or negligence of a person. It comes under personal injury law if the harm is caused by the person intentionally. It can also fall under the added feature of the criminal case of the perpetrator. Assault cases also fall under the clause of personal injury.
Personal injury cases generally tend to get delayed in settlement due to the following reasons:
- Factual and legal issues are creeping into the cause.
- The case involves a considerable sum of money.
- In case you did not reach the medical requirements.
A personal injury case can be settled quickly, but it happens only when a minimal amount of money is involved. The primary consideration is how fast you accept the issue and give it up to the court.
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7 Common Types of Personal Injury Cases
Personal injury that results from an accident can cause physical and emotional trauma besides financial losses. Personal injury lawsuits are filed to claim compensation for these aspects.
Here’s a list of common causes of personal injury:
Negligence:
An individual may suffer an injury due to the negligence or irresponsible act of another person. For instance, a car accident may be caused due to the irresponsible behavior of the driver. When an accident results due to the negligence of another, a personal injury lawsuit may be filed to claim compensation.
Slip and Fall:
Public places are supposed to be maintained such that they do not pose any kind of risk to people who visit them. However, if individual slips and falls and suffers an injury, he can file a personal injury case against the owners of the place to claim compensation.
Intentional Behavior:
Sometimes an injury may be caused because of an action that was intended to injure. In such cases also, you can file a personal injury case to claim compensation.
Medical Malpractice:
If an injury or a health condition is caused to the negligence of a doctor, it is considered medical malpractice. The patient can claim compensation from the doctor for such injuries.
A patient can also claim compensation if his illness is diagnosed incorrectly by a doctor. This is known as “misdiagnosis” and the doctor who misdiagnoses can face a personal injury lawsuit.Dog Bites:
If you are bitten by someone else’s dog, you have a right to file a personal injury case to claim compensation from the owner of the dog.
Hazardous Conditions:
If a private home or a public place has unsafe conditions that can harm visitors, the owner of the place can face a personal injury lawsuit if someone gets injured due to unsafe conditions.
Product Liability:
A product liability lawsuit may be filed against the manufacturer of defective products.
These are some common reasons why an individual can file a personal injury lawsuit.
In a personal injury lawsuit, 4 things need to be established:
- The type of injury
- Cause for the injury
- The extent of the injury
- The impact of the injury in terms of medical expenses, loss of job, etc.
Establishing the reason for the injury is important because it helps decide against whom the compensation claim must be filed.
A personal injury lawyer investigates the cause of the accident. He establishes who the individual/enterprise case must be filed against. He collects the supporting evidence and witnesses to represent his client. A personal injury lawyer estimates the extent of the injury and the financial and other losses his client suffers. He also identifies who exactly is responsible for the injury and files the lawsuit against the person/party responsible for the injury.
Many times the injured individual may decide not to hire an attorney and file the case himself. Proving the other party responsible for the injury and claiming the right amount as compensation can prove to be quite difficult. Hence, the person should hire a personal injury lawyer to represent him.
Autrey Law Firm is one of the best law firms in North Dakota that has experienced personal injury lawyers who can represent clients for any type of personal injury they may face.
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Claims in Personal Injury Lawsuits!
A personal injury lawsuit is filed by the victim of the injury(plaintiff) against the person/entity responsible for the accident. The plaintiff has to prove that the defendant is responsible for the injury caused.
In a personal injury lawsuit, the plaintiff is required to prove that the defendant is responsible for the injury. And, then he claims damages against the defendant for the injury caused.
The plaintiff needs to prove the following elements of negligence:
- Defendant’s duty
- Defendant’s breach of duty
- The actual and proximate cause for the injury
- Damages
These aspects vary according to the nature of the accident causing the injury.
The types of injuries that are covered in a personal injury lawsuit include brain injury, fractured bones, burn injuries, drowning, electrocution, spinal cord injury, etc.
The personal injury lawyer will get the plaintiff to testify to explain the repercussions due to the injury. The doctor treating the plaintiff and other experts will also be called to the court to discuss the effects of the injury.
The claims made against the defendant will include the current and future medical expenses. In addition, they will include the financial losses suffered due to loss of workdays, in certain cases loss of a job, etc. In certain types of injuries, the individual may take a long time to recoup and get back to normal. The personal injury attorney will need to support these claims with testimony by experts in the field.
In most personal injury lawsuits if the guilt of the plaintiff is proved, the insurers will bargain the amount claimed as damages.
The defendant in the case will first try to prove that he is not responsible for the injury caused. However, if there is strong evidence to prove otherwise, he is bound to pay compensation to the plaintiff.
In this case, the defendant’s attorney will try to minimize the severity of the injury. The lawyer may get experts to challenge the claims made by the plaintiff regarding the injury and try to prove that the impact of the injury is lower than that claimed by the plaintiff.
In certain personal injury lawsuits, the defendant’s lawyer could try to prove that the accident occurred due to the fault of the plaintiff.
The compensation in personal injury cases is paid by the insurance company of the defendant. Insurance companies conduct an independent investigation to assess the claims made by the plaintiff. They may also carry out surveillance on the plaintiff to verify his claims about the extent of injury caused.
A plaintiff can make build a strong case for himself by ensuring that he has all the documentary evidence to support his case. He can send a claim letter to the insurer along with the documents supporting his claim. It is recommended that the plaintiff make a high claim initially because negotiations are unavoidable in most personal injury cases. So, if he stakes a claim for a high amount, he has a margin to negotiate.
Since there are so many intricacies involved in a personal injury lawsuit, the injured individual should hire an experienced personal injury lawyer to represent him.
Autrey Law Firm has a team of lawyers who have expertise in personal injury lawsuits!
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4 Surprising Ways in Which a Personal Injury Lawyer can Help You!
When we think of personal injury lawyers, we associate them with services like representing us in a lawsuit to claim compensation or offer legal counsel. However, a personal injury lawyer can do many more things for a client!
A victim of personal injury can consult a personal injury lawyer who will explain the legal rights of the individual to him. Personal injury lawyers also take care of all the financial and legal complications arising due to such injuries. And, of course, he will represent you in the case to claim compensation against the insurance company of the defendant.
Here are 4 Surprising Services that Personal Injury Lawyers Provide:
Professional Investigation
Personal Injury lawyers have their own team of professional investigators who thoroughly examine the scene of the accident that caused the injury. They also interview witnesses present during the accident. Based on these investigations, the personal injury lawyer builds the case for his/her client. Investigations are conducted by experienced professionals like retired cops, etc.
Help their Clients with Medical Services
Personal injury lawyers are well-connected with medical professionals and can help their clients get medical services with doctors who understand such injuries. They can even recommend the services of specialists if required.
Realistic Assessment of Claims
When an individual suffers a personal injury due to the recklessness of another, he just looks at his immediate losses. He would be inclined to claim compensation for current expenses incurred like medical bills, wage loss, etc. However, a personal injury can have far-reaching effects and can impact several aspects of the injured person’s life later.
Personal Injury Lawyers are experienced in such lawsuits and can make a more realistic assessment of the current and future losses incurred. This will enable them to stake a comprehensive claim that covers all aspects. It is not uncommon for personal injury lawyers to consult economists to help them in preparing an accurate claim for compensation.
Negotiate Different Types of Legal Processes
A personal injury lawyer can negotiate with the insurance company of the defendant before or after the case is filed. In some cases, both parties may agree to an out-of-court settlement. In such cases, it is a personal injury lawyer who negotiates on your behalf.
However, if the case does not get settled outside the court, personal injury lawyers will represent you in the court trial with sufficient evidence to support your case.
Some personal injury cases may require alternative dispute resolution where again the personal injury lawyer can represent their clients.
Hiring a personal injury lawyer at the initial stages of the lawsuit is beneficial because the lawyer will be able to get a clear idea of the case and can access all the relevant evidence, etc. to build his theory regarding the case. Besides it also helps you recover from the injury faster when you know that there is an expert to take care of all financial and legal aspects of the case.
Autrey Law Firm has a team of expert personal injury lawyers who have been representing clients in such cases for over 30 years!
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Understanding Civil Laws
Civil law is the category of law that focuses on private relations between individuals. Unlike criminal cases in which the state prosecutes the accused, in civil cases are initiated by private parties.
Civil laws are necessary to prevent the escalation of disputes between individuals from reaching a violent confrontation. Civil laws help maintain harmony in the community by keeping a check on exploitative behavior or unethical practices. Most civil cases are settled by giving monetary compensation.
Legal Terms in a Civil Case:
A civil case begins when a “complaint” is filed by an individual or business called the “plaintiff” against a “defendant” who has harmed the plaintiff.
The plaintiff may demand “damages” from the defendant in court. Damages are a specific sum of money sought as compensation for the wrongdoing.
In certain civil cases, the plaintiff may ask the court for an “injunction” to prevent the defendant from performing certain actions.
Plaintiffs may also ask for a “declaratory judgment” wherein the court determines the rights of both parties as per a contract.
Civil cases are resolved in the court by a judge who listens to both parties and applies relevant laws to determine the penalty. Many times civil cases are settled out of court when both parties agree on the terms of settlement and the financial compensation to be awarded. Out-of-court settlements help save the time and expenses of both parties.
Following are some examples where civil laws come into play:
Contract Laws:
Contracts are legally binding documents that establish certain obligations for either party in case of a conflict. Contract disputes arise when one party does not meet the terms of the contract. However, one party may be unable to meet its side of the bargain due to certain unforeseen circumstances. In such cases, civil law may come into force to reach a fair settlement. A dispute could also arise if both parties differ in their interpretation of the terms of the contract.
Tort Laws:
These laws focus on issues related to civil wrongdoings like negligence and liability, etc. Personal injury cases come under tort laws.
Property Laws:
These laws deal with people’s legal relationships with objects. Property laws pertain to a wide range of issues like purchase or transfer of land, contested ownership, etc. Property laws come into force when there is a dispute in the inheritance of property, etc.
Family Law:
Family laws resolve domestic disputes before they go to court. These could be divorce cases or elder laws, etc. Family laws help in aspects of divorce settlements such as childcare and visitation rights, etc. Family laws also deal with paternity disputes, juvenile law, and domestic abuse cases, etc.
A professional civil lawyer is aware of all aspects of civil laws. He knows all the relevant codes and statutes for different types of civil cases.
It is recommended that you engage a civil lawyer who is certified and licensed to practice in the jurisdiction where you are filing the lawsuit.
Autrey Law firm is one of the best law firms in North Dakota and Minnesota. We have a team of experienced civil lawyers who specialize in different types of civil laws.
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Legal Terms in a Personal Injury Lawsuit!
Personal injury cases occur quite often when one party is injured due to the callousness of another. A personal injury case is resolved in a civil court. These cases are usually filed by an individual against another or an organization.
The individual hires a personal injury lawyer who represents him in the case and claims compensation from the party responsible for the injury.
Here are some legal terms used concerning personal injury lawsuits that you must know:
Personal Injury:
It is the section of the law that is concerned with physical, financial, and emotional injuries caused by an individual/institution due to negligence in taking reasonable care. Personal injury cases are considered civil torts.
Plaintiff:
He is the individual filing a lawsuit against someone for having suffered a personal injury.
Defendant:
The entity against whom the personal injury lawsuit is filed. The defendant may be an individual or an organization.
Lawsuit:
It is a court action brought about by a plaintiff against a defendant to claim compensation for the injury caused or punishment for an irresponsible act.
Litigation:
Litigation is taking legal action or filing a lawsuit.
Tort:
Tort is a private wrong or injury committed against another individual or property leading to legal liability. Personal injury cases that are caused due to the negligence of another come under the category of tort.
Statute of Limitations:
This refers to the time allowed by the law for the plaintiff to file a personal injury lawsuit from the time the injury has occurred.
Expert Witness:
An expert witness is an individual who is called to testify in a personal injury case because of his expertise in a specific field.
Civil Rights:
The US Constitution awards certain rights to all its citizens. If someone finds that his/her civil rights are violated, he/she can file a personal injury lawsuit. These lawsuits may be filed against an individual/ a private company/ a government organization whosoever is responsible for such violation.
The Preponderance of Evidence:
It refers to the amount of evidence a plaintiff requires to win a personal injury or any type of civil case. A preponderance of evidence implies that the proof presented by the plaintiff must be more convincing than that provided by the defendant.
Claim(personal injury):
It is a civil action taken by the plaintiff or on behalf of the injured person against the defendant for the physical or mental injury suffered.
Compensation:
It is something given to the injured party to make up for the loss suffered. For instance, in a worker’s compensation case, compensation is usually monetary.
Damages:
This refers to the payment made to the plaintiff in a personal injury lawsuit. The defendant needs to give monetary compensation to the injured. Sometimes the defendant in the case may need to make a punitive payment which also qualifies as “damages.”
Verdict:
It is the decision of the judge or the jury in the case.
These are some of the legal terms that are used in personal injury cases that will help us understand the proceedings in such cases better.
Autrey Law Firm has the best personal injury lawyers who can represent you in such lawsuits!
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