You are having a terrible day. Yet it did not start that way. A decision to undertake a last-minute shopping on your way back from the office changed everything. At the store, you tripped on a jutting floor part and broke your leg.
A careful look at the floor shows there is significant damage. Yet the store owner neglected to do repair work. Neither did he put up a sign warning the customers to keep away from the area to avoid bodily injury.
You can’t help but feel worse because you know you will have to take time off work. It will cause a huge dent in your budget because your medical cover has run out.
What you may not know is that you can go after the store for personal injury. Your personal injury lawyer will prove negligence on their part caused your accident.
It is interesting to note that up to 96% of personal injury cases do not make it to trial. The store owner can decide to settle, thus saving everyone the hassle of a full trial. But if he doesn’t, the personal injury attorney will take on the case on your behalf.
Yet, there is still a lot to learn about personal injury law, as we will share in our article.
What Your Personal Injury Attorney Must Let You Know
- Personal Injury Law Is a Specific Niche
If you want to make a personal injury claim, take the time to find practicing lawyers of personal injury. It is a specific niche, much like in the medical profession. Neurosurgeons deal with the brain, pediatricians treat children, and gynecologists treat women.
In the same way, there are areas of specialization in law. These include family law, commercial law, environmental law, and personal injury law.
If you’re hoping for a successful outcome,You should contact the best highland personal injury lawyer as they have years of experience. Due diligence is critical to hire a reputable organization. Further, they have the relevant licensing to operate in that state.
- Personal Injury Covers a Vast Scope
Your personal injury lawyer will advise you on the scope of the torts. There are three grounds on which you can seek compensation.
- Negligence claims are due to an individual’s failure to take a level of care to avoid an accident. An example would be a car accident arising from inattention or ignoring the red light. The case of the store owner above will also be applicable.
- Strict liability is any injury resulting from the use of a defective product. Suppose you buy a car, and the brakes fail to work as they should. You can file a claim against the manufacturers. Of course, you must prove that you took good care of the car, including the necessary servicing. You cannot file a claim if you neglect to change the brake pads due to the normal wear and tear.
- Intentional wrongs mean that the other party had an intention to cause harm. Examples include inflicting emotional distress on another person. Others are false imprisonment, battery, and trespassing.
Defamatory statements that can harm your reputation will also fall under intentional wrong. Whoever is making or sharing the harmful statements has a choice not to do so.
- Not All Personal Injury Cases End Up in Court
As stated above, a significant number of personal injury cases do not make it to court. We will keep on emphasizing this point. Please take the time and hire the best personal injury lawyer in highland as they will help you to get the maximum compensation for their injury claims.
In most cases, they will advise on seeking another avenue of settlement. The store owner, through his lawyer, can decide to offer an amount as compensation. In other instances, a third party can mediate or arbitrate.
Your attorneys will do everything in their power to ensure you get fair compensation. If all else fails, filing a suit will be the next best course of action.
Reputable lawyers will also tell you if there is merit to your case. In some instances, you may have contributed to the accident in some way. An attorney who has your best interest at heart should have no qualms about advising you.
- Time Is of the Essence in terms of Personal Injury Claims
You have a window within which you can file a personal injury claim. Different states have different time limits. It could range from 2 to 6 years, depending on the circumstances.
Plaintiffs have a way around the statute of limitation under the discovery rule. That means the windows start at the point you discover the injury. It could even be one year after the accident, but you may not have been aware of the gravity of the situation.
Take the example of medical malpractice. A doctor leaves a tool in your body after an operation. You may only get to know about it once symptoms start to show. It is possible to live with the tools for years without knowing of their presence.
Without a doubt, it can be difficult to navigate this scenario. But, an excellent personal injury attorney will know what to do to ensure you get fair treatment.
- Full Disclosure is Critical
Your personal injury attorney will become a critical part of the litigation. That is why full disclosure is critical. Omission or commission can hurt your case. Further, it could damage the reputation of the attorney. It will appear as if they were trying to help you hide pertinent information.
Be transparent about:-
- Criminal history may have an impact on how the judge or jury perceives you.
- Any prior injuries that the other party can use to disapprove your case. You can claim broken bones, but medical records show this was not the first time you had such a case. The defendant’s attorneys can build upon this to have the judges dismiss your claims.
- Prior personal injury claims, if more than one, could cast doubt on your character. Some people have made filing such suits a quick way to get money. Since some attorneys work on a contingency basis, they don’t lose anything if they don’t win the case.
Transparency is critical because it gives the lawyer enough material to work with.
Final Thoughts
Our article has highlighted some salient points about personal injury law. But there is so much more to know, so take the time to do more research. Your attorney should answer any questions you may have surrounding such cases.
