The term “personal injury” refers to those injuries which a person has suffered due to an accident. These injuries can be physical as well as psychological in nature. In legal terms, personal injuries fall into the category of a tort. In personal injury cases, there is generally a legal dispute that occurs. This happens when an individual has experienced harm from an accident or an injury, and someone else is legally responsible for that harm. Such cases can become formalized through court sessions that aim to find out who the guilty party is and who is deserving of the compensation. Such disputes may also be solved through informal settlement by the two parties involved in the accident.
Personal injuries may include the following types:
- Auto vehicle accidents
- Domestic animal bites
- Class actions
- Head and backbone injuries
- Motorcycle accidents
- Natural disasters
- Rail road accidents
- Sexual abuse
- Slip and fall
- Truck accidents
- Wrongful death
Personal injuries can take place in the following situations:
- At work
- In a traffic accident
- Due to a defective product or defected repair
- Due to mistakes during medical treatment
- Slipping on wet floor or cemented pavement
In order for court to take action, personal injuries, even though physical or psychological, must take place due to negligence or vile intentions of another individual. These individuals might be employers, manufacturers, doctors, landlords or anyone who is responsible for taking care of a person.
Personal injuries can be put into two broad categories. These are personal injuries due to negligence and personal injuries due to defamation.
- Personal injuries: Negligence
The tort law declares that in case of personal injuries caused due to negligence, an injured person can prove that the accused person has demonstrated irresponsible and negligent behaviour. The accused person is then asked to compensate for the damages that he or she has caused the victim. In legal terms, “damages” are a type of award that the affected individual receives from the accused party. This is usually monetary in nature and must be paid to the person who is entitled for the compensation. As a part of the law of liability, the law of negligence is only a small aspect of a bigger picture. Cases of negligence must be proven with conviction and logic in order to recover the compensation.
- Personal injuries: Defamation
Defamation or slander is the announcement of false information and statements against a party or individual. These statements are meant to cause harm to the reputation and character of people or entities. For a claim to be considered as defamation, it must be false and must be made by a person other than the defamed one. Two other types of defamation include verbal defamation known as slander, and defamation in media such as print or images (usually called libel). In certain civil courts, defamation is considered a grave crime.
When should a personal injury lawyer be hired?
It is complex task for the injured person to determine whether he or she needs to hire a personal injury lawyer. In some cases, the experience and skills of the personal injury attorney are worth the money an individual must pay for that lawyer to represent him or her. In such cases, the lawyer and his reputation act as a shield for the injured individual, and may pose as a threat to insurance companies or the individuals who are involved in causing the harm. In more common cases, a person may require the services of a professional lawyer because he or she may not know the compensation that he deserves, the injuries are too severe, the laws governing the claim may be too complex for him or her to understand, or simply because the insurance company has refused to settle the matter informally.
The following are some reasons in favour of hiring a personal injury lawyer:
- When there are lingering or permanent disabilities caused by an accident
- When there are severe injuries sustained by an individual
- When there is a case of medical malpractice – This includes injury or accident due to negligence, mistreatment and carelessness by the doctor, nurse, hospital, laboratory, pharmacy, clinic etc.
- Toxic exposure
- When insurance companies refuse to compensate
If an individual is still not sure if he or she is ready to hire a personal injury attorney, it is important to remember the following points which will make this decision easier:
- Attorneys know and can calculate how much a claim is worth
- Attorneys understand the legal process
- Attorneys help improve the odds of getting compensated
- Attorneys are motivated to help the injured party
- Attorneys can take the cases to trial and have a fair chance of getting the deserved claims approved
HOW TO FIND COMPETENT PERSONAL INJURY LAWYERS:
Before choosing an attorney, it is imperative to find out general information about him or her. The following points must be discussed:
- Has the lawyer been in practice for a considerable amount of time?
- What amount of cases handled by the lawyer are personal injury cases?
- Does the lawyer mostly represent the victim or the culprit, i.e. the plaintiff or the defendant?
- Would the lawyer handle the individual’s case him or herself, or pass it onto another lawyer working in the same firm?
Each state in the United States of America has its own personal injury laws. As a result, each state also has its own personal injury lawyers and attorneys. As an example, let us compare the personal injury laws, and how personal injury lawyers of some areas in the United States of America, help the parties involved in personal injury accidents. Moreover, you will also find some profiles of personal injury lawyers from the areas mentioned below:
- Florida (West Palm Beach): West Palm Beach Personal Injury lawyers and law firms:
In this area of South Florida, there are a number of ways in which personal injuries can occur. Traffic accidents are a common way in which injuries occur and claims take place. Law firms such as “Steinger, Iscoe & Greene” hire personal injury lawyers who aim to represent clients in West Palm Beach, when the following accidents occur:
- Traffic accidents which involve automobiles, trucks, motorcycles, bicycles and pedestrians
- Products that are defective, including dangerous, expired and defective drugs
- Medical malpractices
- Boating injuries and accidents
- Domestic animal bites
- Child abuse
- Injuries caused by the environment
- Wrongful deaths
The following is a list of competent lawyers belonging to West Palm Beach, South Florida:
- West Palm Beach personal injury lawyer, David J. Glatthorn:
West Palm Beach injury lawyer, David J. Glatthorn, has dedicated his law career to protecting and shielding the rights of injured people and families who have lost their loved ones in accidents. He has been in the profession for over 30 years and is respected as a veteran in the field. He has also won a significant number of settlements and found critical verdicts for his clients.
- West Palm Injury Lawyer, Philip DeBerard, III
Philip DeBerard, III has been a practicing lawyer since the last three decades. He has helped numerous families and individuals in getting over serious accidents which were caused by negligence of the other party. He is considered one of the most respected lawyers in South Florida. DeBerard has also received the highest AV rating from the national legal directory. His belief of not taking any charge unless the full compensation has been paid to the victim has made him a popular choice amongst clients.
- Virginia: Personal injury firms and personal injury lawyers, Virginia Beach:
Firms such as “Huffman & Huffman”, located in Virginia, handle serious personal injuries. These injuries include disastrous personal injury cases, such as limb amputation, injuries to the spinal cord, injuries to the brain, severe burns and injuries sustained at birth. The lawyers at Huffman & Huffman possess the skills, knowledge, resources and the experience needed to handle these serious injuries. Accident types that are handled by this law firm include:
- Automobile accidents
- Drunk Driving accidents
- Accidents that occur due to DUI i.e. driving under influence ( of drugs in most cases)
- Motorcycle accidents
- Tractor trailer accidents
- Serious injuries
Some of the most prominent personal injury lawyers, Virginia Beach, include:
- Ware Morrison: Personal Injury Lawyer, Virginia Beach
Ware Morrison has been an attorney for more than 40 years. He specialises in family law, criminal defense and personal injury. With a sound educational background and experience to match, Mr. Morrison had not even graduated from university when he founded the prestigious, National Legal Research Group. W. Ware Morrison and his wife practice injury and accidents successfully to date.
- Michael S. Weisberg: Personal Injury Lawyer, Virginia Beach
Michael S. Weisberg has more than 40 years of experience under his belt. He deals with a broad range of injuries which include personal injury cases, criminal defense, family law and business lawsuit matters. He is now running a law firm by the name of Michael S. Weisberg, P.C.
- Long Beach: Long beach personal injury lawyers and firms:
Firms such as “Lloyd, Nielsen & Palfreyman” give the assurance of taking stress away from the shoulders of their clients. They deal in the following types of accidents:
- Motor vehicle
- Slip and fall
- Work related injuries
- Domestic animal bites
Moreover, the types of claims that they aim to get compensation include:
- Personal injury
- Wrongful death
- Compensation of workers
- Property damage
- Car accident related injury
The following is a small list of prominent Long Beach personal injury lawyers.
- Daniel A. Gibalevich: Long Beach personal injury lawyer:
Gibalevich is represents the firm “The Law Offices of Danial A.”, which provides protection to injury and accident victims. Daniel’s generosity lies in the fact that he offers free consultation for any individual who has undergone any personal injuries. Daniel’s firm provides wide-ranging legal services that help his clients to acquire the maximum compensation that they deserve. Other than personal injury, Daniel’s practice areas include criminal law and employment law.
- John A. Montevideo: Long Beach personal injury lawyer:
With an experience of more than 32 years, Mr. Montevideo has been associated with “DiMarco | Araujo | Montevideo, A Professional Law Corporation.” Mr. Montevideo plays an active part as member of Consumer Attorneys of California, and is currently serving as its president. Other than personal injury, his practice areas include work injuries, wrongful deaths, brain injuries, Auto/Car accidents etc.
- Personal Injury Law, Lexis Nexis
- Personal Injury Law: The Basics, FindLaw
- Reasons to Hire an Experienced Personal Injury Attorney, FindLaw
- Finding Personal Injury Lawyer, Nolo
- When to Hire a Personal Injury Attorney? LawInfo