Suppose you have suffered an injury that significantly affects your efficiency or quality of life, but you are still in doubt of filing a lawsuit. Dont hesitate to fight for your rights because HawkLaw, P.A has many kinds of personal injury lawyers who can assess your case and advise on your chances of success should you file a lawsuit. Some personal injuries are very technical and need to be handled by lawyers specializing in that field, e.g, medical malpractice.
The good news is that if you suffered a personal injury at a third party’s hand, you might stand to be awarded compensation in court. Generally, personal injury plaintiffs stand a good chance if they did not contribute to causing the injury on their person. In cases where you bore some responsibility for the events causing the injury or the severity of the injury, usually through negligence, you still stand a fair chance to win compensation in court.
For example, if a drunk driver rams into your vehicle, the compensation you receive for your personal injury will depend on whether or not you had taken ample precautionary measures to safeguard yourself, e.g.,, wearing a seatbelt and having functional airbags. This article will walk you through the most common personal injury claims and what it takes to file a successful lawsuit under each of them.
Slip and Fall
If you suffered a personal injury resulting from a slip and fall on public or private property, your lawsuit would be based on the property owner’s legal obligation to maintain reasonably safe premises. Therefore, your case will be strengthened by any negligence or disrepair that contributed to your injury.
Property owners must take precautions to inform people how to safely navigate and use their premises, e.g.,, signs indicating that floors are slippery. If you cannot prove that the premise owner directly or negligently contributed to your injury, your case and any resulting compensation will be smaller than otherwise.
Automobile Accidents
Car accidents are a leading cause of personal injury lawsuits. State and federal laws oblige drivers to acquire an insurance policy that includes liability coverage. If you have suffered a personal injury due to another driver’s negligence or traffic violation, your personal injury lawsuit will likely be a success.
Most automobile personal injury lawsuits succeed because police are often called to the scene, unlike other injuries, unlike other injuries. Car accidents often have reliable proof of fault statements from police records or witnesses at the scene. You are also advised to photograph the scene for proper documentation. It is also important to visit a medical facility immediately to gauge the nature and extent of your injury.
Defective Product
Federal laws protect consumers from unsuspecting use of harmful or defective products. Strict regulatory oversight controls and maintains a streamlined minimum quality for all products in the market. Manufacturers are strictly liable for all defects in any batches of products they produce. Further, manufacturers can be sued by consumers for failing to instruct them adequately on the safest way to sue their products.
If you have suffered a personal injury caused by a defective product, the burden of proof will lie in quantifying the amount of damage caused and proving that the allegedly defective product is the only possible cause of the injuries claimed. Defective product lawsuits often involve a cross-section of plaintiffs who accessed the faulty batch. You have high chances of success where others have successfully proven similar cases.
Medical Malpractice
Medical professionals are legally charged with a high duty of care towards their patients. In the event your doctor makes a professional mistake or error in judgment during your treatment, then you are entitled to be compensated for the loss resulting from the error. All doctors are required to have medical malpractice insurance to cover such remote possibilities.
Medical malpractice lawsuits are highly niche and sensitive because they often involve revealing your private medical details to make your case. As such, you are advised to choose a lawyer who specializes in medical malpractice lawsuits. During your case consultation, an experienced lawyer will analyze your medical files and give an honest assessment of the strength of your case.
No matter the kind of personal injury you have suffered, the sort of lawyer you chose will drastically affect your chances of winning or losing the case. Choosing a lawyer specializing in the personal injury you have suffered is important because they will have handled many cases like yours prior. A lawyer who has specialized in your type of case is less likely to intentionally or negligently set your case in the wrong direction.