Determining Whether You May Be Owed Compensation
Injured in an accident?
If you’ve been injured in an accident, and particularly if that accident was due to someone else’s mistake or negligence, you may be entitled to financial compensation. We are committed to helping you gain the resources and support you need to successfully navigate the legal realm and get the compensation you may deserve as a victim.
With this blog we hope to give you:
An overview of how to determine whether you’re eligible for compensation
Insight into how you can make a stronger case for yourself
A greater understanding of what your next steps should be
What Is Personal Injury?
Personal injury is a term used in civil law to help a victim collect compensation for accidents or social wrongs, including defamation of character. When it comes to statutory limitations (or the amount of time you have post incident to file a lawsuit) each state is different, so it’s important to get in contact with a lawyer as soon as possible before it’s too late.
What is Bodily Injury?
Bodily injury is a term that is often used interchangeably with personal injury but in fact has a completely different meaning. Bodily injury deals with a particular injury to the body of a person that is caused by someone else. The definition refers to specific injuries sustained and is more commonly used in criminal cases.
In summation, a personal injury refers to any injury sustained in an accidental setting while bodily injury implies an additional level of intent or neglect.
What kinds of personal injury cases are there?
There are many different types of personal injury cases, but the most common include:
Motor Vehicle Accidents - When a driver of any vehicle fails to act accordingly to their duty of taking care while behind the wheel, they can become liable for any damages that their negligence caused.
Intentional Torts - This includes assault and battery, which is considered a criminal act in more jurisdictions. Any attempt to intentionally commit violence upon another person would fall under this category.
False Arrest and False Imprisonment - This type of injury occurs when a party restricts the freedom of movement of another through the use of force or threatening the use of force. Personal injury comes to play when and if there is any physical or emotional distress occurred upon the innocent victim.
Medical Malpractice - Medical malpractice claims arise when a medical professional can be proven to neglect their duty of treating each patient’s condition to the best of their ability.
Premises Liability - This liability comes to play when the owner of a property fails to keep the property maintained in a safe condition and a party is injured as a result.
Slip and falls, non-functioning safety equipment, and hazardous conditions are all cases involving premises liability. For example, if there is a wet floor in a supermarket without a sign warning customers of said wet floor and someone injures themselves, they are liable to sue.
Product Liability - When a defective product causes injury or fails to display proper warning labels.
Compensation
Now that we’ve gotten some basic terminology covered, let’s begin discussing what you’ll need to prepare in order to file a claim and be eligible for compensation.
If you can prove that the party you’re filing a claim against:
1. Owed you a duty of care
2. Failed to meet that duty of care
3. Acted or neglected to act in a way that resulted in your injury, loss, illness, or accident
4. You suffered damage as a direct result of their inaction or negligence
...it’s likely that you’ll be able to win compensation.
1) Proving a “Duty of Care”
One of the first steps in filing a claim for compensation is to prove that the party at fault owed you a duty of care. This phrase refers to the legal obligation that an individual has to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. Generally speaking, having a duty of care means being responsible for your customers’ health, safety, and well-being. This could be attributed to doctors, business owners, dog owners, or any property owner.
2) Proving that the Party at Fault failed to meet their duty
Next, you’ll have to prove that the party at fault failed to adhere to that standard of reasonable care. For example, if a restaurant is open to the public but has not secured the vents in their property and one of those vents were to fall on a patron while dining, that restaurant would be found liable for failing to adhere to a standard of reasonable care, i.e. failing to ensure that their vents were properly and safely installed.
3) Providing proof that their actions resulted in your injury
What action (or lack of action) did the responsible party take that resulted in your loss, injury, illness, or accident? This means proving that the defendant was at fault for your injury. Usually this entails contextual proof that your injury was caused by no fault of your own.
4) Proving that you suffered damages as a resut of their actions
Lastly, you’ll have to prove that you’ve been injured. This step entails providing proof that their negligence resulted in personal injury to you. Typically, a physician's note, camera footage, or other evidence of injury will be called on to be provided.
What can compensation be used for?
If you’re found to be eligible for compensation, the amount you gain will be based on factors such as:
Medical bill reimbursement
Replacement of lost income if you’ve been unable to work, as well as loss of future income
Treatment or procedures you’ll need moving forward such as physical therapy, medication, additional doctor visits
Household expenses
Costs associated with canceled trips or altered plans
Pain and suffering including mental languish
Next Steps
If you’ve met all the requirements that we’ve discussed thus far, it’s time to move onto next steps.
1) If applicable: File a police report or insurance claim
If you’ve suffered a bodily injury and someone else is clearly at fault or planned to injure you with intent, it’s important that you file a police report. If you’ve been involved in a motor vehicle accident, file a claim with your insurance company right away. The sooner you have these claims on file, the more legitimate your case will be.
First Party vs. Third Party Claims
When it comes to filing a claim with insurance, there are two types: first party and third party claims.
A first party claim is the claim you file with your own insurance company.
A third party claim is one you file with the insurance provided by another person or their business.
The type of claim you file will be dependent on who was at fault. For example, if you caused a car accident while driving, you would file a first party claim. However, if you were hit by a car, you should file a third party claim with the driver’s auto insurance provider. Alternatively, if you were injured while shopping at a store or eating in a restaurant, you would file a third party claim to the business’ insurance company.
2) Document everything
From doctor’s notes to medical bills, time taken from work to communication between you and the defendant, every record you have can help you in court.
In order to learn more about what information you should be recording and to ensure that you don’t leave out any important information, make sure to check in with us.
After sustaining your injury, keep a journal to record any pain or other symptoms you’re experiencing, and update it daily making sure to time-stamp each entry. This record will also strengthen your case.
The more information and data you have the better! Clear and concise documentation is critical in building your case and sharing your experience of how an incident played out. When in doubt, record it. Whether it’s a receipt from the gas you spent driving to and from medical specialists to the text conversation you had with a friend describing the incident after the event, the more information you bring to the table, the clearer you can tell your story.
3) Were there witnesses?
Was anyone else there when the incident took place? Getting witness statements can strengthen your case. Once you get in touch with a legal representative, gather affidavits and first hand accounts to back up your story and perspective of what took place. Be as detailed and clear as possible. Be careful with your wording and double check every account before you turn it in to ensure that it HELPS your case and doesn’t harm it.
4) Contact an experienced personal injury attorney
The best thing you can do to protect yourself and gain the compensation you deserve is to work with legal representatives who you can trust. Even the most studied person cannot fully comprehend the nuances of the legal system without experience. Additionally, a legal representative can give you a better understanding of what you’re up against when it comes to providing context, history, and precedent.
5) Take a deep breath
We know that this process can feel extremely daunting, especially with all the legal jargon you may be facing for the first time in your life. Our final tip we want to share with you is that it’s critical for you to remain as calm as possible and trust that you will get the help you need to parse through the complexities of this process. That’s what our team is here for.