PERSONAL INJURY LAWSUIT IN A NUTSHELL
Personal Injury: A legal term for an injury to the body, mind or emotions, as opposed to an injury to property. https://en.wikipedia.org
Personal injury claims are broken down into different categories such as car accidents, accidents at work, accidents that happen at a home (premises liability) and product defects (product liability). These cases also include medical and dental malpractice and/or medical negligence claims. It also extends to conditions that are classified as industrial disease cases such as asbestosis mesothelioma, chest diseases (i.e., emphysema, chronic bronchitis, asthma, chronic obstructive pulmonary disease), occupational stress and repetitive strain injury cases.
In order to be awarded damages in a personal injury case the Plaintiff must be able to prove that (1) the party had a duty to act reasonably according to the circumstances. (2) The party breached the duty. (3) The party’s breach of duty caused you to be harmed. (4) You personally suffered a monetary loss because of the other party breached their duty of care.
The amount of compensation will be determined upon the seriousness of the injury (soft tissue, broken bones, brain injury, etc.). The next thing to be determined is the extent of pain and suffering while recovering and the permanency. When these things have been evaluated, you can then look into the loss of enjoyment of life, any future earning capacity and future reasonable medical expenses that one may incur.
When it is determined that a person has a viable personal injury claim, the cause of the injury has been determined, the responsible entity for payment has been established, then it is time to move forward to resolve the claim. If a reasonable settlement for all parties cannot be made, then a lawsuit is filed. A claim can still be resolved before going to trial either by further settlement negotiations or mediation. If neither is successful, then a case moves forward to a trial – usually before a jury to let them decide who is at fault and how much should be paid.
As to the statute of limitations for personal injury lawsuits, each state has its own set of rules for each type of personal injury claim. It is also best to consult with an attorney that is familiar with the laws of the particular state where the injury occurred.
There are some personal injury cases that are “open and shut”. However, no case is a like and each has its own unique features which really need to be evaluated by a competent attorney. So, if you think you might have a case in which compensation can be awarded, it doesn’t hurt to call or email RON KIM LAW for a free consultation. www.ronkimlaw.com
Personal Injury Lawyer, Ron Kim Law, Attorney at Law, offering services. Contact our offices today. 1-877-859-394
April 1, 2016
