Personal Injury Cases in 2021

Personal injury is a legal principle that holds one party responsible for their negligence that harmed someone else. If the injured party wins the case, they may recover compensation for their damages.

Damages are the remedies the plaintiff requests the court to award them after an injury caused by the defendant's negligence. In other words, as the plaintiff, you seek damages as compensation for your injuries. Typically, damages come in the form of financial awards.

No. Although these two terms are often used interchangeably, they do not usually mean the same thing. The term 'injuries' refers to the harm you suffered due to the other party's actions or inactions. Examples of common injuries in a personal injury case include:

• Whiplash
• Burns
• Infections
• Animal bites
• Spinal cord injuries
• Chemical exposure
• Cuts and bruises
• Fractures

Contacting an experienced personal injury lawyer is the best way to determine whether you have a valid case. The attorney will review the circumstances of your case and research how the law applies in such situations. If you have a valid case, the lawyer can also help fight for you to seek the compensation you need and deserve.

There is no specific or universal place or entity that handles personal injury claims. Therefore, you must demonstrate the party responsible for your injuries to find out where to file a claim. This process is much easier when you involve an attorney.

After reviewing your case and confirming that you have legal grounds to file a claim, the attorney will also identify the party responsible for your injuries. This does not necessarily mean they will file the claim directly with the responsible party. Instead, in most cases, attorneys file claims with the other party's insurance provider.

For example, suppose you got injured in a car accident caused by a negligent driver. In that case, suing the negligent driver might not be the best idea. This is because it is unlikely that they can afford to compensate you for your injuries. Keep in mind that personal injury claims seek financial compensation for sustained injuries. Therefore, you will need to file a claim against individuals or entities with the financial capacity to compensate you for your injuries.

That is where insurance companies come in. Although the negligent driver might not be able to compensate you for your injuries directly, they can do so through their car insurance provider. Therefore, even though the driver caused the accident, you must file a claim against their insurance.

Since each case is different, the kind of evidence required to prove liability varies on a case-by-case basis. That said, certain actions after an accident can make it easier for you to prove your case.

Examples of these actions include:

• Calling 911 and requesting an ambulance if you have suffered severe injuries
• Collecting evidence such as photos and videos of the accident scene
• Obtaining crucial documentation, such as copies of police and medical reports

However, since each incident is unique, you may be unable to collect evidence to prove your case. If so, you should still contact an attorney for a case evaluation as soon as possible. Unfortunately, the longer you take to contact an attorney, the more difficult it becomes to prove your case.

Personal injury cases fall into different categories and subcategories. Some common examples of personal injury cases include:

Wrongful death: If you lost a loved one due to someone else's negligence, you might be able to file a wrongful death lawsuit.

Premises liability: This is when you seek compensation for injuries you sustained due to dangerous conditions on someone else's property. Premises liability cases usually fall into other subcategories, such as slip and fall and negligent security.

Automobile accidents: These are arguably the most common personal injury cases. They involve one party seeking compensation for injuries caused by another party in a car accident. However, these cases are not restricted only to car accidents; you may sue for accidents caused by recreational vehicles, motorcycles, and other transport vessels.

Medical malpractice: Healthcare providers must maintain certain standards when providing treatment, diagnosis, or care to their patients. If they fail to maintain these standards and cause injuries or even death, the patient might be able to file a medical malpractice claim.

Product liability: These cases involve situations where one party gets injured due to a product's dangerous condition.

Although each case is different, plaintiffs usually must meet four key prerequisites to win a personal injury case, as discussed below.

The plaintiff must prove that:

• The defendant owed them a duty of care
• The defendant breached the duty of care
• The plaintiff suffered injuries due to the defendant's breach of their duty of care
• The plaintiff suffered damages due to the injuries sustained

If you can prove these four elements of a personal injury claim, you might be awarded damages for your injuries.

You may be able to recover economic and non-economic damages depending on the circumstances of your case.

Economic damages are the financial losses or expenses you incurred due to the accident. Examples of economic damages in a typical personal injury case include:

• Medical bills.
• Lost wages if you could not go to work due to the injuries you sustained.
• Loss of current and future earning potential if the injuries will affect your ability to earn a living now or later in the future.
• Cost of hiring a caregiver and other professionals to help you manage your injuries or the recovery process.
• Cost of upgrading your environment to accommodate your new condition. A good example is when you need to upgrade your bathroom to make it wheelchair accessible.

Non-economic damages cover non-financial losses. Examples include:

• Pain and suffering
• Emotional distress
• Mental anguish
• Loss of enjoyment of life

In cases where the defendant was grossly negligent, the court might award the plaintiff punitive damages. These damages are meant to punish the defendant and warn others in similar situations against such careless conduct.

In addition, the spouse of the injured can file a loss of consortium claim. The standalone claim seeks compensation for the loss of the relationship with their spouse following the injury.

For example, suppose the spouse suffered spinal cord injuries, leading to permanent paralysis. In that case, they might not be able to enjoy intimacy with their spouse as they used to before the accident.

While you do not necessarily need an attorney to file a claim or lawsuit, hiring one can significantly increase your chances of obtaining favorable results. Such a lawyer can help you in many different ways, including but not limited to:

• Reviewing your case to determine whether it is valid
• Gathering crucial evidence to support your case
• Assessing your injuries and damages
• Identifying the parties responsible for your injuries
• Creating an estimate of the settlement you may be entitled to
• Interpreting and explaining complex laws
• Filing out important paperwork on your behalf
• Defending you against tactics insurance companies use to avoid liability or jeopardize a claim
• Filing a personal injury claim with the other party or their insurer
• Negotiating a reasonable settlement on your behalf
• Preparing you for court if the other party refuses to settle or negotiate
• Filing a lawsuit on your behalf
• Filing an appeal if you lose the case

Here are some key factors to consider when looking for the right firm to represent you in a personal injury case:

Consider their experience. You want a law firm that has years of experience fighting for the injured. The more experienced they are, the higher the possibility of recovering the compensation you need and deserve. Besides, experienced firms know how to deal with insurance companies and handle complex situations while keeping your best interests at heart.

Their reputation is crucial. Opt for an injury firm with a great reputation for handling these cases. If possible, check their reviews to find out what other clients say about their services.  

Find out whether they have the resources to fight for you. The importance of having powerful legal resources is usually underlooked until it is too late. A law firm that lacks resources to fight will likely settle for lowball offers or even fail to build a strong case on your behalf.

Ask if they will represent you in court. Only a small percentage of personal injury cases settle in court. If your case becomes a part of this small percentage, you want to ensure that your attorney will represent you in court. This mostly happens when you have a valid claim, and the other party refuses to settle or negotiate. In that case, filing a lawsuit is usually the best alternative. Therefore, you need an attorney with courtroom experience.

Morgan and Morgan is the largest personal injury firm in the United States. This alone sends a strong warning to the other party that you take your case seriously. Nothing terrifies insurance companies more than knowing that you have secured the services of the largest personal injury firm.

Secondly, we have been fighting for the injured since 1988. With over three decades of experience to our name, we handled all kinds of cases and achieved incredible results.

Speaking of results, we have recovered more than $20 billion as compensation for our clients so far. With such an impressive track record, you can count on us to fight for you and win.

Thirdly, no other injury law firm in the country has more powerful resources than Morgan and Morgan. Thanks to our army of over 1,000 attorneys, you can count on us to fight for you regardless of the complexity of your case.  

Finally, we have the reputation other firms can only dream of. To put things into perspective, we have accumulated over 28,000 5-star reviews on Google alone!

Don't suffer in silence due to someone else's negligence. You can fight back and win compensation for your injuries. But you will need our competent and compassionate personal injury attorneys to do this. That is where Morgan and Morgan comes in.

Ready to fight back? Contact us today for a free case evaluation.