Did you know you have legal rights after an injury?
Millions of Americans each year suffer from personal injuries as a result of someone else’s negligence. CDC estimates 39.5 million personal injury cases occur in the United States annually that require medical treatment. That’s a lot of injuries.
The good news?
You have rights that are in place to protect you. And, if you know your rights, you can help ensure you recover fair compensation from an accident instead of walking away with nothing.
Here’s what you need to know:
- Legal Rights After An Injury
- Injured Party Responsibilities
- Personal Injury Law
- Seek Legal Assistance
- The Settlement Process
Legal Rights After An Injury
Personal injury law protects individuals from harm that was caused by the carelessness or intentional acts of others. If you’ve been injured, the law allows you to exercise your legal rights to try to recover compensation from the parties responsible for your losses.
Here’s the deal…
Your legal rights entitle you to file a claim for losses such as medical bills, lost wages, pain and suffering, and other expenses or losses that directly resulted from the accident. Your rights are more than just abstract legal concepts. When enforced, they turn into real dollars and cents that can help you rebuild your life.
The caveat. You have to know how to exercise those rights. This is where partnering with experienced personal injury lawyers becomes so valuable. Personal injury law is complex and full of nuances. A skilled legal team can help injury victims like you navigate this complicated legal system.
Consider this:
- If you were injured in a motor vehicle accident, then you have a right to file a claim against the at-fault driver.
- If you slipped and fell in a grocery store, you have a right to file a claim against the store owner.
- If you were injured at work, then you have a right to file a claim against your employer.
- If a defective product injured you, then you have a right to file a claim against the manufacturer.
Think about that for a second. The law is on your side. You have legal rights to compensation when you’ve been injured because of someone else’s careless or intentional conduct.
Injured Party Responsibilities
Rights and responsibilities go hand in hand.
If you want the law to work for you when you’ve been injured, then it’s critical to understand and meet your responsibilities. As the injured party, there are certain protocols you must follow if you want to maximize your chances of a favorable outcome.
Here are the most critical responsibilities you must honor.
- You must get medical attention immediately after your injury.
- You must document everything related to your accident and injuries.
- You must report your injury to the appropriate parties.
- You must meet all legal deadlines and statutes of limitations.
- You must always be truthful in all of your statements.
Documentation is key.
Photos, videos, witness statements, receipts, medical records, etc. Good documentation helps prove your version of events. Weak or nonexistent documentation will kill your claim even if it is legitimate.
Something most people don’t realize…
Deadline requirements vary based on state and type of accident. If you wait too long, you can forfeit your right to file a claim. Acting quickly can literally make the difference between a win and a loss.
Personal Injury Law
Personal injury cases are a subset of civil law known as tort law. Tort law specifically addresses those situations where the negligence or wrongful acts of one party causes injury or harm to another.
To prove a personal injury claim, you must generally show four elements.
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- The defendant’s breach caused your injury.
- You suffered damages as a result of the breach.
This is fairly simple, right? In theory, yes. In practice, not so much.
Insurance companies have large teams of lawyers working for them all day every day. They understand how to limit or avoid payouts to claimants. They know the laws, the negotiation tactics, and the loopholes.
In fact, according to recent industry data, around 95% of personal injury claims end up settling out of court before they ever go to trial. Negotiation skill is critical because most injury victims will never see the inside of a courtroom.
Seek Legal Assistance
No lawyer, no problem. You don’t necessarily need a lawyer to handle every injury situation. A minor car accident with no significant injuries can likely be handled through direct negotiations with the insurance companies involved.
However, certain types of accidents or situations almost always require an attorney’s involvement. You should strongly consider seeking legal representation when:
- Injuries are severe or permanent
- Liability is in dispute
- Multiple parties are at fault
- Insurance companies deny claims or make lowball offers
- Medical treatment is complex
- Lost wages or earning capacity is significant
Industry data shows that injured parties who engage lawyers for their personal injury claims end up with higher settlement values than those who self-represent. Insurance companies tend to pay more when they know there is an experienced attorney on the other side who understands the law and how to properly value an injury claim. Don’t be low balled. Seek legal help if the stakes are high.
The Settlement Process
Most injury cases follow a predictable timeline if they settle out of court. Understanding the process is important because it helps to set expectations.
Here is the typical settlement timeline for a straightforward personal injury case.
- Receive medical treatment and reach maximum medical improvement (MMI)
- Collect all relevant documentation and evidence
- Submit your claim to the at-fault party’s insurance company
- Negotiate with the insurance adjuster
- Accept settlement or go to litigation
Motor vehicle cases can take as little as a few months to over a year depending on the circumstances. Medical malpractice claims take much longer. Lawsuits can drag on for several years.
Don’t be quick to accept an initial settlement offer.
Insurance companies low ball early on in the process hoping injured parties will accept the first offer rather than haggle over dollars. Studies show that claimants who negotiate get much higher settlements than those who accept initial offers.
Understanding Compensation Types
Personal injury compensation falls into two broad categories. You will want to recover both economic and non-economic damages if at all possible.
Economic damages include:
- Medical expenses (past and future)
- Lost income and earning capacity
- Property damage
- Rehabilitation and future care costs
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (relationship/family)
Some states also allow punitive damages when the defendant’s behavior is particularly egregious. Punitive damages are more about punishing the defendant for outrageous conduct rather than compensating the victim.
Comparative Negligence Rules
You can recover compensation even if you share some of the fault for your own injury.
However, in many states, your award may be reduced by your percentage of fault for the incident. For example, if you’re 20% at fault for a car accident and you have $100,000 in damages, you can only recover $80,000.
States vary on their negligence laws. Some use modified comparative negligence rules that bar you from recovery if your share of the blame is greater than 50%. Make sure you understand your state’s rules when it comes to assessing your situation.
Wrapping Things Up
The law is on your side if you have been injured. You have legal rights to pursue compensation from the people or companies responsible for your losses. Your legal responsibilities include collecting and organizing evidence, meeting deadlines, and being truthful in your statements.
The personal injury legal system is designed to make accident victims whole again. Injuries can never be completely undone, but fair and adequate compensation can help to rebuild your life after an accident.
Whether you’re involved in a car accident, a slip and fall, a workplace accident, or a medical malpractice situation, know your rights, know your responsibilities, and act promptly to protect your own best interests.
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