What is considered a personal injury and can I make a claim?
A personal injury is considered any injury that gives rise to legal liability of the responsible party. When one person gets hurt because another person or company acts negligently, the victim has a personal injury. The victim may bring a claim for financial compensation against the wrongdoer. A personal injury is an injury that affects an individual’s body, mind, or emotions, as opposed to damage caused to property. The lawsuit is a civil lawsuit brought by the victim. Understanding the concept of personal injury is essential for victims to protect their rights and seek compensation for the damages they have endured.
A personal injury is a civil case. It’s not a criminal case where someone can be convicted of a crime and go to jail. Instead, a civil lawsuit can result in a finding of responsibility that makes the responsible party pay money to the victim. These payments are normally paid by insurance companies. There are lots of types of cases that are personal injury cases like car accidents, slip and falls, dog bites, workplace injuries from hazardous working conditions, and defective product accidents.
What should I do after a personal injury accident?
There are several things you should always make sure to do after being injured in an accident.
- Call 911 to report the accident and provide the incident report to your insurance carrier
- Take photos of your injuries and of your property damage
- Visit a doctor, if you have not already
- Have your doctor bill your health insurance
- If you have visited a doctor, follow their care plan and attend all follow-up appointments
- Keep all documents related to the accident
- Keep a journal with a timeline of details related to the accident
- Do NOT post about the accident on social media
- Consult with a personal injury attorney to help navigate through the difficulties of your injury claim
- Report the accident to your insurance company
- Have patience and focus on your recovery
Can I be compensated for my injury claim?
To establish a personal injury claim, several key elements need to be proven:
Duty of Care: The defendant owed a legal duty of care to the injured party. For instance, drivers have a duty to operate their vehicles safely and responsibly.
Breach of Duty: The defendant breached their duty of care through negligence, recklessness, or intentional misconduct. This breach can be demonstrated by failing to act as a reasonable person would in similar circumstances.
Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries. The harm suffered must be a direct result of the defendant’s actions or inaction.
Damages: The plaintiff must have suffered actual damages, which can include medical expenses, lost wages, pain and suffering, emotional distress, and property damage.
What are the different kinds of personal injuries?
Personal injury encompasses a broad range of injuries resulting from the actions or negligence of others. Understanding what constitutes a personal injury is crucial for individuals who have been harmed and seek legal recourse. By establishing the elements of a personal injury claim, including duty of care, breach of duty, causation, and damages, individuals can navigate the legal process and pursue compensation for their losses. If you or someone you know has suffered a personal injury, consulting with an experienced personal injury attorney can provide guidance and support throughout the claims process.
Personal injury claims can encompass a wide array of scenarios. Some common types of personal injury cases include:
Motor Vehicle Accidents: This includes car, truck, motorcycle, and pedestrian accidents caused by the negligence of another driver.
Slip and Fall Accidents: These occur when a person slips, trips, or falls due to hazardous conditions on someone else’s property.
Medical Malpractice: When medical professionals, such as doctors, nurses, or hospitals, fail to provide a reasonable standard of care, resulting in harm to the patient.
Product Liability: Injuries caused by defective or dangerous products, such as faulty machinery, prescription drugs, or consumer goods.
Workplace Accidents: Injuries that occur on the job due to unsafe working conditions, inadequate training, or employer negligence.
Personal Injury Attorney in North Carolina and South Carolina
Bice Law has an experienced Personal Injury Attorney in North Carolina and South Carolina. We can help you determine who we believe to be the negligent party at fault for your personal injury. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts. We serve families across both North and South Carolina. If you have been seriously injured by the negligent acts of another, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling 877-BICE-877 or submit an online request to get a free consultation with a personal injury attorney. Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.
Don’t hesitate, there s only a 3-year window to file a lawsuit for your personal injury claim. If you or someone you know has been injured in the Charlotte area, call the experienced Charlotte car accident lawyer at Bice Law. We’re ready to fight for your rights and get you the compensation that you deserve. Our Frontline Injury Team fights for our clients from consultation to settlement, and we don’t get paid unless you do. Call Bice Law today! 877-BICE-877