A personal injury in the context of tort law is physical, mental, or emotional harm that a person suffers as a result of the careless, negligent, reckless, or intentional acts of another. The injury, whether physical or mental, could be from a defective or faulty product, tripping hazards at a public place, and a motor vehicle accident. The term also refers to all injuries related to an accident at home or work, psychological injuries due to accident-related trauma, whiplash injury, injury caused by the use of defective equipment or machinery, injury due to a traffic accident, harm caused by medical negligence, musculoskeletal damage caused by a slip, trip, and fall injury and sometimes physical or psychological injury incurred while someone was committing a crime.
When filing a lawsuit against the company or person who caused the injury, the victim should hire a legal professional. In legal terms, the person filing the claim is referred to as the plaintiff whereas the person who the claim is against is referred to as the defendant. Personal injury is a term used to represent all types of injuries, including physical or psychological diseases, injuries, or illnesses. Plaintiffs can present evidence to the court to prove their injuries were caused by the defendant, as well as evidence to demonstrate related expenses and other damages. You have the right to recover damages for damages caused by another’s acts or omissions.
Factors that affect a personal injury case
These types of lawsuits are quite complicated. Winning the case often depends on several factors. For example, it can depend on the type and extent of the injury, the treatment methods applied, and most importantly, the laws of that particular jurisdiction. Each jurisdiction has different laws regarding:
- The types of claims that can be brought
- How the harm or damages are assessed
- How fault is allocated among parties
It is important to note that some jurisdictions even have unique laws that determine the type of admissible evidence in court.
The next important factor to consider is the type of injury the plaintiff has suffered, which could be mental, physical, or emotional. Verdicts regarding physical injuries are sometimes easier to decide because such cases typically have medical records that objectively document the amount of damage there is. Major injuries will be documented by the plaintiff in medical records, showing treatment for injuries like broken bones, scars, etc. If you were in a car accident, it is essential to contact a Dallas car accident attorney to understand your options and the best way forward.
Treatment received for the injury is another determining factor. If the injured person has been treated multiple times, they may have a better chance of winning the case. More treatment means more records, which also tends to mean higher medical expenses. Higher medical expenses usually mean higher damages.
It is also important that any treatment received is reasonable for the type of injury that the person has suffered. If the treatment the plaintiff claims to have received does not address the injury, or the treatment has been unnecessarily or intentionally delayed or dragged out over an unreasonable length of time, it may be more difficult to prove the integrity of the claim. This can have negative consequences. The plaintiff could be denied recovery of compensation for their claim or awarded a far lesser amount than what they were requested.
The next factor is whether the plaintiff had a related pre-existing condition. If he or she had any pre-existing conditions that could arguably implicate the seriousness of the claimed injury, it could also affect the verdict. To win the case, the plaintiff will usually have to prove that the company or person caused the injury and its level of severity that they are suing for.
It is important to note that if the plaintiff already has a medical condition similar to the injury he or she is fighting for, it could also influence the settlement amount. For example, if the plaintiff has a pre-existing back injury and then files a personal injury lawsuit claiming they hurt their back at work, the judge may think that the injury at work worsened the pre-existing condition or the back pain of the plaintiff is because of the pre-existing medical condition and not the accident-related injury. The point is that evidence will be needed to ascertain both the origin of the injury and the cause of its current level of severity.
Reasons behind the increase in injury claims
There are several reasons behind the growing number of injury claims in the United States. Many cases are car accidents. In many car accident cases, the victim experiences a whiplash, a back or injury to a limb like a broken arm or sprained ankle, and other damages related to property or vehicle.
To pay for treatment expenses or a replacement vehicle, a victim may begin by filing an injury claim for compensation from the insurance company. The case is the same with people that face an accident at work or an injury due to medical negligence. The main idea behind seeking compensation claims is to receive an amount for continuing medical
care, financial support while out of work, or to replace valuable personal property.
Tips to win a personal injury claim
The following are a few tips that can help a plaintiff to achieve success in his or her personal injury claims:
- Conduct thorough research on the insurance company’s claim process. The claim representative should take the time to get all the necessary information.
- Have an accurate accounting of all expenses and damages caused by the accident and use this information to negotiate for an appropriate settlement.
- Meet as many lawyers as necessary to settle on one that you feel comfortable with to handle your claim. Compare their fee structures and experience levels. Hire a legal professional that best suits your needs.
- Attempt to settle your claim outside of the court. Make good faith efforts to reach an agreement without the court, but if the insurance company does not deal fairly, prepare to go to trial.
Seeking help from an experienced Dallas Personal Injury Lawyer is always helpful. They have in-depth knowledge of tort law so that you can win the maximum settlement amount for your losses.