What Constitutes a Personal Injury?

Looking for help getting a grip on what defines a personal injury? Check out our article for a look at what falls under that category.

Did you know that there are over 6 million car accidents each year in the United States? These collisions sometimes result in a personal injury case, such as if an employee driving a company vehicle were injured due to a lack of maintenance on the car.

In order to obtain the proper compensation for getting hurt at work, you'll need to have a strong understanding of what constitutes a personal injury. We've put together a guide with the key details that you should know.

So, What Is Personal Injury?

Personal injury refers to an injury that was caused by someone else's negligence. This could be a car accident that was caused by a distracted driver or a slip and fall at a restaurant that was caused by a wet floor.

If you were hurt because of someone else's careless actions, then you may have a personal injury case. There are many different types of personal injury cases, but some of the most common include:

• Car accidents
• Slip and fall accidents
• Medical malpractice
• Product liability
• Nursing home abuse

If you've been injured due to someone else's negligence, then you may be entitled to compensation. This compensation can help cover your medical bills, lost wages, and other costs related to your accident.

What Expenses Can I Recover in a Personal Injury Claim?

If you're successful in your personal injury claim, then you may be able to recover a variety of different damages. These damages can be economic or non-economic in nature.

Economic damages are those that have a specific dollar amount attached to them, such as medical bills or lost wages. Non-economic damages are more difficult to quantify but can include pain and suffering or emotional distress.

Still, it's worth pursuing non-economic damages if you are experiencing complications in your life — the importance of mental health cannot be overstated.

In some cases, you may also be able to recover punitive damages. These are damages that are awarded in order to punish the negligent party for their actions. Punitive damages are typically only awarded in cases of egregious negligence, such as if your employer's negligence creates a highly dangerous work environment.

What Is the Statute of Limitations for Personal Injury Claims?

The statute of limitations is the deadline for filing a personal injury claim.

In most states, this deadline is two years from the date of the accident. This means that if you don't file your claim within two years, you will likely be barred from doing so.

There are some exceptions to this rule. For example, if you were injured as a minor, the deadline may be extended. Additionally, if the negligent party is a government entity, you may have a shorter timeline for filing your claim.

It's important to note that the statute of limitations can vary from state to state. If you're unsure about the deadline in your state, you should speak to an attorney.

How Do I Prove Negligence in a Personal Injury Case?

In order to succeed in your personal injury claim, you will need to be able to prove that the other party was negligent. This means that you will need to show that they owed you a duty of care, they breached this duty, and this breach led to your injuries.

For example, you would need to prove the employer's duty of care and how their actions or inaction created an unsafe environment. Finally, you would need to show that your injuries were a result of this breach.

What if the Negligent Party Tries to Settle Outside of Court?

If the negligent party offers to settle your claim outside of court, you should always speak to an attorney before accepting. The initial settlement offer is almost always much lower than what you could recover if you take your case to trial.

An experienced attorney will be able to negotiate a higher settlement on your behalf. If you do choose to settle out of court, you should understand that the settlement will almost always include a release of all future claims.

This will prevent you from filing another claim against the negligent party in the future if your injuries worsen.

What Should I Look for in a Personal Injury Attorney?

If you've been injured in an accident, you may be wondering what to look for in a personal injury attorney. Here are some things to keep in mind.

Look for an attorney with experience handling similar cases. This will give them a better understanding of the law and how to build your case.

Choose an attorney who has a good track record of success. This doesn't mean that they need to have won every case, but they should have a history of favorable outcomes.

Finally, you should look for an attorney with whom you feel comfortable communicating. This is important because you will be working closely with them throughout your case.

Make sure the attorney you choose is licensed to practice in your state. This is important because each state has its own laws governing personal injury claims.

What Is the Average Settlement for a Personal Injury Claim?

The average settlement for a personal injury claim will vary depending on the facts of your case. Some factors that will affect the amount of your settlement include the severity of your injuries, the extent of the negligent party's liability, and the state in which your accident occurred.

That being said, most personal injury settlements range from a few thousand dollars to a few hundred thousand dollars.

Dealing With Personal Injury Is Easier Than It Seems

As long as you strive to find the best personal injury attorney, you'll be sure that you can get started on the right track toward getting the compensation you deserve. Be sure to keep this guide in mind so that you know what steps to take in the future.

Want to learn more about what we have to offer? Feel free to get in touch with us today and see how we can help. Pablo G. Martinez Law Firm specializes in Personal Injury Law and has offices in Tampa and Miami to better serve our local Florida clients.