Personal Injury Law 101: a Guide

If you have been injured by an individual or a business and are starting a personal injury lawsuit, you may not know where to turn or what to do. Personal injury law, while meant to protect you now and for the future, can be quite complex and confusing, especially if you are dealing with a trauma. Here’s an intro guide on what you should know about personal injury law. 

The common personal injury claims

Personal injury is incredibly vast, and there are plenty of situations where a personal injury may apply. The most common claims are due to:

Accidents – legally speaking, accidents are when one or multiple persons act in a negligent manner and cause harm to another person. Examples of personal injury accidents are car and truck accidents, slip and fall cases, dog bites, or medical malpractice issues. 

Intentional acts – this is when one more multiple persons set out to intentionally harm another person. Examples of this include assault and battery. 

Defective products – this is used in the realm of personal injury because a defective product can be used in fault for a case where a person didn’t intentionally or maliciously cause harm. This is a popular personal injury claim for medical devices and surgical procedures.

Steps to follow after the incident

In order for your personal injury claim to settle in the manner you would like for it to, it is important to follow a series of steps. Here’s the steps you should follow after the injury was sustained:

Take pictures and document the scene

As soon as the incident happens, take pictures and get witness reports if there is any on the scene. In addition, it is crucial you ask for a copy of the police report, as this will be incredibly important down the road.

Contact a personal injury lawyer

There is a statute of limitations when it comes to personal injury lawsuits, so you’ll want to ensure you can file a suit in time by contacting a personal injury lawyer in Allentown, PA as soon as possible. They will help you get all the details of your case sorted, and tell you what you can expect for the duration of the lawsuit.

Compile all evidence

The more evidence you have the better when it comes to filing a personal injury case. This includes everything from eyewitness reports, the police report, the pictures of the damage done, and even medical records such as if you had an orthopedic treatment in Wayne, NJ or were treated by a doctor or in a hospital. When it comes to these kind of lawsuits, the more evidence the better, so do not be shy in sharing everything you have with your lawyer.

Starting the claim

Unfortunately, your personal injury claim may take some time to come to a solution. For you to be awarded a settlement, your lawyer must prove that an injury has occurred and the defendant has breached a legal duty. Once that is determined, the defendant will go to a criminal court to get a trial and potentially sentenced depending on the crime committed. After that, depending on the severity of your injuries, you may have to go to civil court to gain compensation for your personal suffering. It is your lawyer’s goal to be with you every step of the way, so do not feel intimidated by this process.

Evidence Required In Submitting a Claim

Before submitting a personal injury claim or filing a lawsuit, it’s important to know if you have substantial evidence to support it. Because personal injury cases come in different forms, the pieces of evidence you need to gather will depend on the case. 

For instance, a car accident case would entail a copy of the police report, medical certification, and photos or videos of the incident and your injuries.

You need to contact a lawyer to ensure that all possible evidence will be preserved and gathered according to legal grounds.

Here are some examples of pieces of evidence that can support a personal injury claim:

  • Witness Interviews: All witness interviews should be recorded. Get their personal information or data, including their names, address, and their narration of what they have seen.
  • Photos or Images: Once you have ascertained your safety and security, you can take photos of the area. It would also help taking photos of your injuries, traffic signs, and all angles of the vehicles involved in a car accident.
  • Videos: In any case, a real-time video is also strong evidence, including a personal injury claim. It’s giving viewers a real picture of what really happened using uncut and unedited videos.
  • Police Report: In a police report, all details of the incident are recorded, including the date, time, location, and all parties involved, wherein everything is signed by the police officer who responded to the incident.
  • Medical Records: Even how minor your injuries are, it’s important to seek medical consultation on the same date as the accident. Insurance companies have strict rules on providing proper documentation, most especially for physical injuries sustained after the incident. It’s a major basis for the amount of settlement that will be given to you or your loved one involved in the incident.

Personal injury can be a complicated world, but this is where your lawyer comes in to help. They are there to advocate for your rights, and get you the settlement you deserve.