Personal Injury Cases Explained
Rob Levine & Associates is a personal injury firm that practices in Connecticut, Massachusetts, and Rhode Island. Have you been injured and want to know if you have a case? We have broken down the complexities of ‘personal injury’ to help you gage your next steps.
What is Personal Injury law?
Personal injury law helps a person get compensated when someone else negligently causes them harm. There are many variables one must think about in order to have a successful case.
What is a typical personal injury case?
The most common personal injury cases are caused by automobile accidents. Vehicle accidents with cars, trucks, and motorcycles are very common.
You may have a claim if you are injured by a driver who failed to exercise reasonable care. For example, if someone rear-ended you when they were texting and driving.
When a driver violates that duty of reasonable care and it results in an injury, the law states that you can recoup your losses. The system may vary per state. In short, if someone isn’t paying attention or is intentionally being disruptive, and that causes an injury, you may have a case.
Other common areas in personal injury include:
- Medical Malpractice
- Slip and Fall Cases
- Dog Bites
Do I have a case?
After an accident, you may be wondering whether you can receive compensation for your injuries. It is important to understand that even if you were injured in an accident you must show liability and proof of losses to have a substantial case. There are a few questions you should ask yourself:
What is the personal injury you are suffering from?
Personal injury can be physical or psychological. For example, if you broke your hip from falling, this would qualify as a physical personal injury. However, if you experience severe anxiety and have been seeking professional help for 6 months due to a traumatic car accident, you have suffered a psychological personal injury.
Were your injuries caused by the negligence of another person or establishment?
When filing a personal injury claim, you must be sure this damage was caused with carelessness from the other person or entity involved.
Examples:
Car accidents are caused when persons involved in the accident were violating the rules and regulations of the road.
Valid: If you are at a stoplight and the car approaching you is texting and doesn’t stop in time, they will cause a fender bender. This accident could cause a concussion and therefore could qualify as a personal injury lawsuit since the other person caused the accident by violating the rules of the road in a careless manner.
Not valid: You can cause a car accident by switching lanes without using your signal or checking for other cars. If this carelessness caused a collision and injury on your part, you may not be able to win a case for personal injury.
Do you have recoverable damages?
When filing a personal injury lawsuit, you must have suffered personal or financial harm that can be repaired by monetary compensation. If you win the case, the court may recoup you for your medical bills, lost wages, or your disability accommodations for your vehicle and home.
What are your time limitations on claiming a personal injury lawsuit?
Are you wondering how long you have to claim a personal injury after an accident? This will vary from state to state as the statutes of limitations govern the period during which you must file a personal injury lawsuit. Call or message Rob Levine & Associates for a free consultation.
Resources:
https://www.alllaw.com/articles/nolo/personal-injury/kinds-of-cases.html
https://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html
