Personal injury cases are one of the most common yet misunderstood cases filed in the United States. In essence, a personal injury claim is a remedial action a victim can take if they sustain damage due to someone else's fault. Since such cases are often complex with multiple parties involved, hiring a lawyer becomes a necessity. If you or a loved one is dealing with a personal injury case, you can seek legal assistance or consultation at www.thehawkfirm.com.
However, having a clear understanding of personal injury cases is essential before you proceed with a claim. This article debunks misconceptions and outlines some facts you should know about a personal injury case. Read on to learn more.
Grounds For Actionable Claim:
Most victims assume having sustained an injury due to someone else's fault guarantees compensation for damage. But remember, personal injury is a branch of law, and like any other legal theory, it requires proper grounds to stand valid. Negligence is the most common legal theory used to hold defendants accountable for their actions. To establish and prove negligence, you must prove the following five elements:
Duty of Care: The plaintiff must establish the defendant owed them a duty of care.
Breach of Duty: The plaintiff must prove the defendant breached the said duty.
Cause In fact Of the Injury: The plaintiff must demonstrate that the defendant's actions were the cause of the injury or damage.
Proximate Harm: Both parties must explain and determine the scope of responsibility for the accident.
Damages and Harm: Without actual or legally recognizable harm, the plaintiff cannot seek compensation even if the duty of breach was established.
Most Cases Settle:
One of the biggest misconceptions about personal injury cases is that they go to trial. In fact, many victims choose not to file a claim because they fear representing their case in court. However, a report from the Bureau of Justice demonstrates that only 4% of cases go to trial.
Due to their exhaustive and lengthy proceedings, most parties choose to settle out of court. The case only goes to trial if the parties fail to settle and reach a mutually agreeable settlement amount. Even then, the parties would first engage in a mediation process before taking their case to the judges.
At Fault:
One aspect of establishing negligence is determining the scope of responsibility. In certain situations, the victim may be partially responsible for the accident. This could significantly impact your position in demanding compensation for damages.
Most victims believe they may not be entitled to compensation if they are at fault. However, several states follow a comparative negligence model, which may allow you some compensation even if you are partially at fault for the accident. Therefore, before deciding against filing a claim, check which model your state follows.
You Need A Lawyer:
Another common misconception people have is that they don't need a lawyer. It is a widespread belief in cases where the injuries are minor or the parties involved have insurance. However, hiring a lawyer for your case has more advantages than just a straightforward claims filing experience.
Insurance companies have a reputation for offering low-ball settlement offers. You can only identify a bad settlement if you have an accurate cost estimate for damages incurred, which is unlikely if you are not a trained lawyer. Similarly, even if your injuries are relatively minor, you are liable to prove negligence and provide proper evidence for compensation.
As skilled and trained professionals, lawyers can get you the right settlement and gather all the necessary documents for evidence. For those exploring their options, a comprehensive guide on personal injury lawyers at personalinjurylawyersearch.org can be an invaluable resource. This platform offers insights into finding the right legal support tailored to personal injury cases, ensuring victims can navigate their claims with the best possible assistance.
Final Thoughts:
Over the years, personal injury cases have earned a reputation for being a tool to get easy money. However, the truth is far from that. Personal injury cases are essential for obtaining justice and compensation for your damages. With facts clarified from myths, you can now take advantage of your rights.
