Getting injured is one of the most traumatic, if not, difficult experiences that one can experience in life. However, you can rest assured that there are laws that can help you overcome the pressure and stress that follow the best personal injury lawyer near me an injurious accident.
If you have been injured in an accident, especially when it was caused by another person, you can file a claim for financial compensation.
In that case, the next best thing that should come to your mind is finding the best workers comp attorney near me
to help me figure out what steps should I take to remedy the situation.
Why do I need a personal injury lawyer?
There are several reasons why you should consider getting a personal injury lawyer to help you out because in cases where another person is legally at fault, they are liable to compensate you for damages incurred as a result of the accident.
Two issues in a personal injury case
At the core of personal injury litigation, two issues govern the process where a victim of an accident can seek monetary compensation for injuries incurred – damages and liability.
Accidents can occur at any given time and without due notice, the most common of which are vehicular and traffic accidents, work-related injuries, slip and fall, property-related accidents, accidents at home, and product defects.
It can also refer to malpractice or negligence when injuries are incurred due to dental or medical errors.
While several personal injury cases end up in lawsuits, a large percentage of these cases are settled privately and amicably.
Liability, according to personal injury law, refers to a party’s obligation to pay for damages caused to the victim. To prove liability against another, four things are needed;
- The defendant owes the other party a duty of care
- The defense party committed a breach of that duty of care
- Injuries were incurred by the victim
- The breach of such duty was the cause of the injury.
Duty of care is defined as the legal responsibility of the defendant to exercise reasonable behavior. For instance, medical doctors exercise a duty of care to their patients and drivers are also expected to exercise similarly by observing traffic and road rules and operate their vehicles accordingly.
Proof of liability usually comes in the form of medical records, witness testimonies, police reports, and any official record that documents the incident.
Damages refer to any or all losses or difficulty experienced by a victim as a result of the breach of duty.
Once liability is established, the court will aim to restore the damages caused as a result of the breach and is determined through compensation in monetary value, especially if it can no longer be restored to its original state.
To ensure that you are awarded the most out of compensation sought for personal injury, you can tell yourself to get the best personal injury lawyer near me so you can get the best legal advice and maximize your compensation value.