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"Personal Injury" is
the "umbrella term" for any situation in which bodily injury
results from trauma. There are many types of personal injury claims
such as premises liability (slip and fall, construction site accident),
motor vehicle (auto, truck or train), product liability (defective designed
or manufactured product including pharmaceuticals), medical malpractice
(hospital, physician or dentist) or workers' compensation (bodily injury
of any nature sustained at work). As a family member, you may be entitled
to bring a "wrongful death" claim for harm caused to a loved
one.
Initially, a capable personal injury
attorney will, through interviews with you and others, and by a thorough
investigation, determine if your injuries are actionable. If it is felt
you have a reasonable case, the next step is to move as quickly as possible
with gathering evidence to carry the case forward.
- Promptness in reporting your
injury to an attorney
- Accuracy in recollection and/or
note-taking
- Cooperation with your attorney
in answering questions and fully disclosing information (even telling
how you might have contributed to your injury)
The term "product liability" includes any damage to your health
caused by a defective product. Both the manufacturer and all suppliers
are responsible for any defect which may cause injury. The product can
be for consumer, recreational or industrial use. These cases tend to
be complex factually and legally with special laws that create "strict
liability," a basis for assessing fault even if there is no direct
evidence of negligence on part of the manufacturer or supplier.
"Premises liability" (or "premises negligence")
is when a dangerous condition exists at a property and the owner or
other responsible parties knew (or should have known) about it. If that
condition causes injury, someone may be responsible and liable for damages.
The duty to provide a safe property, whether it is a homeowner's sidewalk,
construction site or shopping center, may fall upon a person, corporation,
or government agency. A review of applicable building codes and industry
standards such as OSHA regulations is a crucial step in the process
of properly evaluating a premises liability claim.
These are often complicated situations, especially since there may not
be an immediate connection between a medical activity and an injury.
Medical malpractice cases require intense investigation and the retention
of medical experts to evaluate the medical records and testify in court
about how the physician or dentist deviated from acceptable standards
of care. An emerging area has been pharmaceutical litigation. Often
a drug is rushed to market without adequate research to uncover its
true risks. Consequently, patients and their physicians are not informed
of potential devastating risks. In many situations, a safer, alternative
drug could have been prescribed.
Any injury you receive on the job may entitle you to workers' compensation
benefits from your employer, which are typically limited to wage and
medical expense reimbursement. However, the incident leading to your
injuries may be due to the fault of someone other than your employer,
which could be the basis of a personal injury claim against the responsible
party that would then include compensation for pain and suffering. Many
workers' compensation claims involve complex issues. Do your injuries
threaten your career or limit your eventual return to work? Do you believe
you are being pressured to return to work too early? Are you dissatisfied
with your medical treatment? Are there accident-related losses or expenses
not covered by your employer or by workers' compensation? You should
seek the advice of a qualified personal injury attorney to address these
issues even if your case appears to be going smoothly. The same advice
would be true of a disability claim involving the U. S. Social Security
Administration.
Handling an auto or train personal injury claim today involves deciphering
many statutory and regulatory schemes governing insurance. When you
are involved in an auto accident, a myriad of insurance coverage issues
arises. Under a typical auto policy, there may be medical and wage loss
benefits, bodily injury and property damage coverage and uninsured and
underinsured motorist benefits to name of few. You also frequently encounter
health insurance or workers' compensation carriers asserting liens against
the potential settlement. If you are involved in a train accident, there
may be federal statutes and regulations governing insurance benefits
and fault or negligence for the accident. It is crucial that an experienced
personal injury lawyer be involved to sort through all of the legal
issues and, in addition, undertake a thorough investigation of the accident
to evaluate fault and the extent of injuries. Do not be fooled by the
insurance adjuster for the person or entity that caused the accident
when they say you do not need a lawyer. They will not deal with you
fairly if you are unrepresented. It is their goal to pay as little as
possible in a personal injury claim, not to be fair to you or your family.
Please note that many types of personal injuries are governed by statutes
of limitations. You can run out of time in which to file an injury claim,
and your attorney needs time to prepare a firm case. So do not delay
finding out whether you might have a case. If in doubt, consult an attorney,
and do it early.
Please note: the preceding is not to be construed
as legal advice. Each situation is different, and only the information
resulting from a detailed review of a particular situation by a qualified
attorney should be construed as legally significant.
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