Injury compensation: What you need to know. : ThyBlackMan

Wednesday, November 22, 2017


Injury compensation: What you need to know.

August 22, 2017 by  
Filed under Business, Health, Opinion, Weekly Columns

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(ThyBlackMan.com) Suffering a serious injury has the potential to be a truly life-changing experience and can have huge consequences for your mental and physical health, finances and personal life. Many people end up struggling to pay for their medical bills following an injury or find that the injury makes them give up things that they once loved. The good news is that you may be entitled to compensation for your injuries depending on the circumstances surrounding the injury. For this reason, it is important to look more into injury compensation to ensure that you are aware of your legal rights and how to file a personal injury lawsuit.

When Can You Seek Compensation for Injuries?

Generally speaking, there are two main situations where you may be entitled to file a lawsuit and receive compensation for your injury. The majority of personal injury lawsuits involve premises liability or negligent liability claims. In this type of case, you must prove that the accident and resulting injury occurred as a result of another person or organization’s carelessness or negligence. For instance, if you slip and fall on a wet floor in a store and the store didn’t properly post signs warning you of the slipping hazard, you can file a negligent liability claim against the owner of the property and potentially receive compensation for your injuries.

You are also entitled to seek compensation for any injuries that occurred due to a faulty or improperly designed or installed product or piece of equipment. In this situation, it is necessary to file a product liability lawsuit against either the manufacturer or the person or company that installed or maintained the equipment.

Filing a Personal Injury Lawsuit

Each state has its own laws regarding personal injury lawsuits, and these laws will dictate various aspects of your lawsuit. Every state sets its own statute of limitations that govern personal injuries, and it will be necessary for you to file your lawsuit before the statute of limitations runs out. Depending on the state where the injury occurred, the statute of limitations could be as little as one year or as long as five years to the date of the accident. However, should you wish to file a lawsuit against a government agency for your injury, it is important to note that the statute of limitations is usually between 90 days and six months.

Filing a personal injury lawsuit can often be fraught with difficulties. For this reason, it is essential that you seek the advice and assistance of an experienced personal injury lawyer as soon as the injury occurs. Even if the law technically states that you are entitled to compensation, there is no guarantee that your lawsuit will actually be successful. In this sense, having a personal injury attorney means you will have professional help behind demands for compensation.

Types of Damage Awards in Personal Injury Cases

Depending on the circumstances surrounding your injury and the extent of the injury itself, you may be entitled to seek compensation. However, actually determining the size of your personal injury settlement isn’t always simple. Typically, a personal injury award will include damages to cover the cost of any necessary medical care and treatments. However, the award can also include money to help cover the estimated cost of any future medical care and treatments. In addition, you may be able to seek damages for any pain and suffering you experienced. Some damage awards also include money to cover lost wages, loss of earning potential. Should your accident result in a permanent injury, you may also be entitled to money for having to give up things that you once loved, and in some cases, even be compensated for any personal problems caused by the accident.

Unfortunately, filing and actually winning a personal injury lawsuit can be quite difficult. Depending on how and where the injury occurred, there is a high chance that the defense attorneys will try to pin the blame for the accident at least partly on you. Should the court agree that you were partly at fault, you may only receive a partial settlement or no settlement at all. Therefore, it is vital that you have an experienced personal injury attorney in your corner to give yourself a better chance of your case being successful.

Staff Writer; John Jackson


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