World

What Accidents Can Lead to a Personal Injury Case?

Published

3 years ago

March 24, 2021

Personal injury cases can arise from different types of accidents. These accidents include automobiles, wrongful death, premises liability, and workplace injuries, and are some examples of personal injury case types. Read on to learn about the differences between types of personal injury cases and what you can do if you have been involved in a personal injury accident.

Automobile Accident

Car, motorcycle, and truck accidents can occur when a driver is behaving carelessly and failing to follow the rules of the road. Generally speaking, the at-fault driver, or their insurance provider, will be responsible for paying for the damages and injuries resulting from a car accident.

To prove fault in a car accident case, the injured party must prove that a legal duty was owed, the duty was breached, and the breach of duty led to injuries. All drivers owe a duty to others on the road to operate their vehicle with a reasonable standard of care. Proving that a driver breached this duty and caused injury will help to establish negligence in an automobile personal injury accident.

Wrongful Death

Wrongful death cases arise when an individual dies due to the negligence of another party. These cases are separate from criminal charges that may be related to the death and require a lower standard of proof than a criminal case for murder or manslaughter.

Wrongful death lawsuits can be a result of a number of different circumstances, including medical malpractice, car accidents, and unsafe premises.

Premises Liability

When you are injured on someone else’s property, premises liability may come into play as you determine the cause of your injury. Injuries that result from negligence of a property owner can be the basis for a personal injury case, so long as you can prove that your injury was a result of the property owner’s negligence as it pertains to their property.

Premises liability cases can include slip and fall cases, snow and ice accidents, dog bites, inadequate maintenance of the premises, amusement park accidents, and more. Injuries at the workplace may also fall under this category.

Workplace Injury

Injuries on the job are especially common in industries like construction. In the United States, approximately 137,000 construction employees suffer serious injuries at the workplace annually, with over 800 of those injuries resulting in death. A few of the common construction site accidents that lead to personal injury cases in construction are falls from scaffolding or structures, tripping or slipping, being struck by vehicles or moving materials, electrocution, trench collapse, and injuries from fires or explosions.

Workers’ compensation often does not fully cover the cost of these types of accidents, which is why many individuals pursue personal injury claims instead.

I Have Been Injured – What Now?

If you have endured any type of accident or injury and are unsure what steps to take, you are not alone. The knowledgeable attorneys at Shiver Hamilton can help you navigate the process of personal injury claims so that you can focus on what matters– healing from your injuries. Reach out to a dedicated Atlanta car accident lawyer at Shiver Hamilton today to learn how you can receive the compensation you deserve.

World

A Step-by-Step Guide to Hiring the Right Personal Injury Lawyer

Published

1 week ago

April 19, 2024

Michelle Langton

Are you dealing with injuries, loss of income, and hefty medical bills because of an accident that was not your fault? If yes, you need the services of an excellent personal injury lawyer. But how do you determine if a lawyer is a perfect match for your personal injury case when you have so many options? This step-by-step guide aims to teach you the critical steps to hiring the best personal injury lawyer in your state.

1. Know Why You Need a Personal Injury Attorney

Typically, you must hire the right personal injury lawyer if you are pursuing a lawsuit for personal injury. As defined on Forbes, a personal injury lawsuit is a civil action that an injured person takes against a person or company responsible for an accident that resulted in injuries.

For instance, you get into a car crash or slip and fall incident in the workplace because of someone else’s fault. You can sue the party responsible for injuries, lost wages, medical bills, and mental anguish.

But there are instances you may not need a personal injury attorney despite being in an accident. For example, a minor fender bender where no one sustained injuries or had their property damaged is easy to resolve without involving lawyers. So, after an accident, evaluate the damages incurred. If they are severe, search for a personal injury attorney.

2. Do Extensive Research

Where do I begin my search? Referrals are valuable because you can ask specific questions regarding the lawyer’s communication style, availability, litigation experience, and fee structure. So, ask family and friends to recommend someone they have worked with. Search for attorneys in your area online if you need referrals. You can type a simple search query like ‘personal injury attorney near me’ on Google. Alternatively, look for a lawyer through online directories.

3. Schedule Free Consultations

You want to know what a personal injury lawyer will do for you. Therefore, schedule a free consultation meeting and ask questions like:

What will you prioritize in my case?

The right attorney will focus on getting justice and fair compensation to ensure your stress-free recovery. Communication should also be a top priority. The lawyer should communicate with you using simple terms to help you understand your legal rights. More importantly, they should update you about the case progress on time.

Do you have experience handling cases like mine?

As lawyers at Cohen, Feeley, Altemose & Rambo law firm mention, experienced personal injury attorneys will guide you through the legal process. Even more interesting, they will handle negotiations on your behalf to safeguard your rights. So, make sure your lawyer has experience in personal injury law.

It would be better if they had specialized experience handling cases like yours. For example, if you are pursuing a truck accident lawsuit, you will want a personal injury lawyer with expertise in dealing with trucking accident claims.

What is the value of my personal injury claim?

After evaluating your case, a skilled attorney should tell you the worth of your personal injury claim. What you should be cautious of are unrealistic estimates and guarantees. There are no assurances in personal injury claims. If a lawyer promises a higher settlement that sounds too good to be true, do not fall for it because they are lying.

How much are your legal fees?

Personal injury lawyers work on a contingency fee arrangement. Based on Cornell Law School, a contingent fee structure allows lawyers to receive a certain percentage of the total settlement value a client wins. As a result, you do not pay your legal representative any upfront fee.

4. Check Testimonials

Aside from experience, work with a trustworthy and reputable attorney. You can quickly determine a lawyer has an outstanding reputation by reading testimonials from past clients.

Find out if the clients feel happy about the outcomes of their case. How about the style of communication? Does the lawyer explain legal terms in simple language?

A reputable lawyer will receive positive feedback from clients and respect from peers. Also, check with your local bar association to ensure your preferred lawyer doesn’t have disciplinary actions against them.

5. Select Your Lawyer

At this point, comfort matters a lot. Do not choose a lawyer you feel uncomfortable discussing your legal issues with. Also, ensure they have the experience and resources to win your personal injury claim. Equally important, they should have an excellent reputation.

Conclusion

When you are a victim of an accident that someone else caused out of negligence, you need to seek justice and compensation for your injuries. There is only one way to achieve these goals. You must work with the best lawyer to pursue a personal injury claim. True, choosing the right one can be challenging. But you can make an informed decision if you follow this step-by-step guide to hiring the right personal injury lawyer.