This time we’re starting with a little spoiler: if you’re not sure whether or not you need a lawyer in your scenario, the answer is that you probably do. It’s not so much about whether or not you need a lawyer, but whether or not you need to pursue a case at all. It’s never a good idea to assume that you don’t have a case. That is why you should definitely consult us here at Lawlor, White & Murphey where we can help you determine just that and follow up if you have one.
Admittedly, when it comes to the Personal Injury Act, it can be a little confusing. Today we’re going to demystify the Personal Injury Law, give some good examples of common personal injury incidents, and give you some advice on whether or not a case is warranted.
Define personal injury
Personal injury generally does not refer to assault or other violent crimes, but rather to bodily harm caused by the negligence of another party. It is worth noting that negligence is not defined as a necessarily malicious thing, but merely as a mistake that could have been avoided, and therefore, to put it simply, is one’s fault.
Examples include traffic accidents where someone was injured, work accidents due to unsafe or unsafe conditions or negligence of an employee, injury to customers at business locations due to lack of procedures, etc.
These are just very common, common examples of personal injury, but they definitely paint a pretty solid picture of the personal injury definition.
What are the goals of such a lawsuit?
In general, the main objective of a personal injury lawsuit is to ensure that all medical expenses are paid by the guilty party. Secondary goals are compensation for lost wages and punitive damages for pain and suffering. The latter is the least guaranteed even with a very solid case.
Can I not represent myself? Or better yet, can’t we just settle this out of court like civilized people?
There are generally very few legal circumstances in which it is a good idea to represent yourself. Seriously, this is just not a good idea as the law is very complicated and you can rest assured that the other party will have a trained, qualified attorney by their side. You don’t want to compete against such a lawyer alone!
We can respect your desire to avoid going to court, especially if the other party is friendly and takes responsibility, but not going into the law is a bad idea. Dealing this in court will ensure that adequate compensation is obtained, that future precedents predict people down the line and, believe it or not, protect the injured party equally in the long run.
Is my case petty?
The general rule of thumb is that your case is warranted if: any type of medical treatment is required, any type of recovery time is required, any length of time has passed that you are unable to work due to that recovery, significant pain has been caused. If none of these criteria are met, a judge will likely consider the case to be minor and not even hear it.
If you are not sure, please do not hesitate to contact us at Lawlor, White, & Murpheyand we’re happy to help you determine if you have a case or not and help you track that case if you have one!