When an individual gets injured in an accident as a result of a negligent act, it falls on the negligent party’s insurance provider to determine to what extent they will cover the costs of any medical or injury related expenses. From the time the insurance company is notified of a claim, they are building their case to pay you as little as possible. Every statement will be used to accomplish their goals. In order to avoid the serious threat of under-compensation for your injuries, it is essential that you hire a knowledgeable attorney that will fight to ensure all your needs, present and future, are addressed in your claim.
Negligence is one of the most important aspects of a personal injury case. In fact, it is what an entire claim is based on. Negligence is what causes the accident you were injured in in the first place. A person can be is negligent when he fails to act in a way that a reasonably careful person would act in the same situation. In the legal field, proving negligence has four aspects. First, the individual accused of negligence must have owed the injured individual a duty of care. Second, they must have violated that duty. Third, that breach directly caused the injury. Fourth and finally, that the damage from the injury is provable. If all four elements are met, an individual may be accused of negligence.
In a personal injury claim, the two most common forms of damages that you will be able to recover are called compensatory and punitive damages. Naturally, the type of damages that you can receive will depend entirely on the situation and the type of accident that you were injured in. Compensatory or actual damages are, as the name indicates, a payment made to compensate for the loss or damage that was suffered. If, for example, you were injured in a car accident and had to pay for a hospital stay and physical therapy as a result, you can be compensated for those payments. Punitive damages, on the other hand, are made in response to willful and wanton act. It is a punishment or deterrence to try to keep the individual or others from repeating the act. This payment will be made in addition to the compensatory damages. These types of damages are much more difficult to determine and can include fraud, malice, bad faith, recklessness, and wanton violence. This is a controversial topic in tort law and is often hard to nail down. In most cases, it will be difficult to receive punitive damages on top of actual damages as the attitude behind a particular action can be hard to prove. However, if you intend to seek such recompense, it is best to do so with the aid of an attorney who has experience with a wide range of personal injury suits.
Workers’ compensation claims can only be filed against your employer and must have been injured while “on the job.” Personal injury claims, however, can be filed against any negligent person, other than your employer.
At Bagby Law, your initial free consultation is private and confidential. We may even be able come to you to discuss your matter and perform a free case evaluation.