If you have been injured due to someone else’s negligence, you deserve compensation; a personal injury can cause physical pain and mental distress. You may deal with missed work and mounting bills while you recover. Get the help that you need to meet your financial obligations while your body heals. Contact a Sun Valley personal injury attorney right away.
What Is a Personal Injury Case?
A potential personal injury case arises when the wrongdoing or negligence of a person or group causes physical harm. Since a personal injury causes great damage in every aspect of the victim’s life, the law entitles the victim to seek compensation.
Some of the incidents that personal injury law covers include:
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What Are the Types of Personal Injury Cases?
A negligence case seeks to establish that the defendant had a duty to provide for the safety of others and failed to fulfill that obligation. For example, failure to remove ice from the entry of a business could be negligence on the business owner’s part if it results in a slip and fall injury.
Duty of Care
In some situations, such as when you purchase a subway ticket or place yourself in a doctor’s care, you relinquish control of your safety and trust another to keep you safe. If you are injured under the care of another, that person or entity may bear liability.
Violation of Safety Laws
In the workplace, an employer has the legal obligation to provide a safe place in which to work. If you have been injured at work because your employer violated safety regulations, your employer may bear liability.
All personal injuries are not accidental. When one person assaults another, for example, the victim may have a viable personal injury claim against the assailant.
How do Personal Injury Cases Work?
In making a claim on your behalf, your attorney will seek to do two things:
- Show the court that the defendant is responsible for the harm that befell you
- Show the court the physical, monetary and mental damage that the injury caused
To build your case, we’ll investigate the circumstances surrounding your injury. We’ll seek out any witnesses who may have seen the injury or accident occur. We’ll also consult with experts who can testify and explain difficult concepts to the jury. In a personal injury case, it is most often the responsible party’s insurer that ultimately pays the award given to the victim. In building your case, we’ll send a letter to the insurer demanding immediate payment of your claim. The demand letter will play a key role in future negotiations.
How Does the Court Compensate the Victim in a Personal Injury Case?
In a personal injury case, it is difficult for the victim to know how much money to demand. One of the greatest benefits of having a personal injury attorney is that a lawyer knows how to calculate damages. The legal process for personal injury cases is an adversarial one. It is your lawyer’s goal to obtain the highest possible compensation for your case, and it is the insurer’s goal to pay as little as possible.
Some damages are relatively easy to calculate. If you have lost property, such as an automobile, because of someone else’s negligence, you know the value of the car and can add it to your claim. Likewise, medical bills, lost wages and personal bills that have gone unpaid due to your lost income are all concrete damages that you can calculate and add to your claim.
A personal injury doesn’t only involve monetary damages. Some personal injury damages, such as disfigurement or the loss of a limb, are far more severe to the victim than the loss of a personal possession such as a car. Also, a personal injury case can cause considerable pain, suffering, and mental anguish. Although it is impossible to assign monetary values to those types of damages, a court can rule that you deserve compensation for them.
What Factors Affect the Compensation Amount in a Personal Injury Case?
When your personal injury lawyer discuses your claim with the defendant’s insurer or the court, you’ll hear the term “multiplier” frequently. One method of negotiating a personal injury settlement is to add up all of the known, quantifiable damages that the victim has suffered (i.e. medical bills, lost wages) and multiply the total by a certain amount to arrive at a final award or settlement total. The multiplier is an attempt to compensate you for the pain, suffering and reduced quality of life that you have suffered.
How much suffering have you endured? If you recovered from your injury quickly, suffered no permanent physical damage, have had no lasting emotional problems and returned quickly to work, those factors may lower your multiplier and result in a smaller award or settlement. If you were disfigured, lost a body part or the use of one of your senses, suffered severe life disruption, were laid off or suffered damage to your marital relationship, those factors may increase the multiplier and result in a larger award or settlement.
Why do I Need a Personal Injury Attorney?
If you have suffered a personal injury, your immediate actions can have long-term effects on your ability to obtain fair compensation. It is imperative that you contact a Sun Valley personal injury lawyer immediately to begin building a case. These are just a few of the reasons why it is so important to have an attorney by your side.
- Prior Experience – An attorney will have seen many cases like yours in the past. Your attorney can evaluate your case and determine the likelihood of a positive outcome.
- Efficiency – Your attorney’s office has paralegals and other staff members who can handle the paperwork on your behalf and can help bring your case to a resolution quickly.
- Investigative Capacity – Forming a solid case for your personal injury claim will likely require considerable investigative work. Your attorney’s office will have investigators who can gather the necessary data.
- Objectivity – Your attorney can look at your case from an objective point of view and potentially prevent you from making rash decisions.
- Dispute Resolution – It is possible to avoid a jury trial and resolve a personal injury case through mediation, arbitration or an out-of-court settlement. Your attorney will explore every avenue that could result in a faster resolution of your case.
- Negotiation Experience – An experienced personal injury litigator spends much of his or her life in talks with insurance companies and other lawyers. Having a lawyer gives you the benefit of that experience.
- Better Outcome – In a personal injury case, it is the goal of the opposition to get you to accept the smallest award or settlement possible. Your attorney will know how best to present your case. He or she will also know what settlement amount is fair and will prevent you from accepting an amount that is too small.
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If you or a loved one has been injured, you will want a top rated Sun Valley personal injury attorney that understands how to get the maximum compensation you deserve. Our pledge is to be your partner, and provide passionate, yet skillful legal representation needed to win your case. Contact our highly trained personal injury lawyers today for a free case evaluation.
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