Did you experience an injury that was not your fault and wants to file a personal injury claim? The majority of people likely have no idea how to file a personal injury claim, much less how to recover on a claim related to an injury caused by another person or company. The attorneys at Sumwalt Anderson Law Firm know the laws related to personal injury and how to fight for you so that you can receive the compensation that you may be due as a result of your injury or the injury experienced by a loved one.
What is a Tort Law or Personal Injury Claim Law?
Personal injury, or tort law, protects people and compensates people that experience injuries caused by recklessness, negligence, or intentional acts of other people or companies. The tort law also protects people against defective products and compensates them for their injuries that occur because of unsafe or otherwise defective products.
There are four main components of tort law, which include:
- The presence of a duty
- Breach of the duty
All four of these basic components must be present for the successful filing and resolution of a personal injury case. Do you, as a private individual, know what each of the elements means, and how to bring a claim related to your injury?
Personal injury lawyers that have the knowledge, the skill, and the experience to help people that have injuries that occurred through no fault of their own. Some examples of personal injury cases involve injured workers, injured pedestrians, victims of vehicle crashes, people injured in slip and fall accidents and those that experience injuries because of defective products.
Protect Yourself After a Personal Injury
There are several steps that an individual needs to take after experiencing a personal injury. These steps are necessary no matter the type of personal injury, whether it is a car crash, a motorcycle or truck crash, a pedestrian or bicycle accident, a slip and fall injury, a defective product injury or another type of personal injury.
Take pictures of the scene if you are physically able to do so. If there is a product or equipment that caused the slip and fall, take pictures of it at the scene.
Do not leave the scene of any personal injury if there are injuries to you or someone with you. Stay there until you contact the police, and they arrive on the scene. Talk to the police and explain what happened so that you have documentation as close as possible to the time of the injury. Make sure that you receive proper documentation of the report number and instructions on how to obtain a copy of the report.
Do not talk to the other person’s insurance company or the attorney for the person or company that caused your injuries. Speak only to your own insurance company, and to your own personal injury lawyer. They represent your best interests, not the other party’s lawyer or insurance company.
Keep records of all your medical appointments and make sure that you go to all appointments. Let your attorney know if you receive a referral to go to physical therapy or to see a specialist. The attorney needs details related to all your injuries and medical treatment to provide the best possible representation for you or your loved one.
Do I Really Need a Personal Injury Lawyer?
Navigating the complex legal issues related to injuries caused by another person, company or manufacturer is a daunting process. This is especially true for someone that has injuries or for loved ones left with memories of their deceased family member that lost their lives because of their injuries.
There are many advantages of having legal representation for your personal injury claim. Personal injury cases typically involve actual bodily injury, pain and suffering that occurs because of the bodily injuries, and emotional distress. The financial effects of personal injury alone can be overwhelming for individuals and families. Trusting an experienced personal injury attorney likely helps to relieve stress, anxiety, and other emotions related to the injury.
Documenting and presenting a claim for actual physical injuries probably seems like a straightforward process to you. Do you know how to prove your pain and suffering and your emotional distress so that you receive your deserved compensation for those aspects of your case? Every case is unique, with its own set of circumstances. Personal injury attorneys have the experience to help you present a claim for personal injuries, whether negotiating with the other party’s insurance company, their attorney, or with the courts.
How Do I Hire a Personal Injury Attorney?
Seeking an attorney that has the best interests of their clients in mind is the first step towards hiring a personal injury lawyer. Look for a personal injury attorney that keeps you informed every step of the way when considering whether you have a case and during the negotiations with the other party’s insurance company.
A personal injury attorney fights for their client, yet this does not necessarily mean that your case will be decided in the courts. Negotiations often result in a settlement between the parties without having to go to court. It is important to realize that going to court does not always mean that you will receive the best outcome. It is often easier, and less time-consuming to have your personal injury lawyer negotiate a settlement with the other party. It likely allows you to get the compensation that you are due, and that allows you to get your life back on track as soon as possible without dragging the case out.
Court proceedings take a considerable amount of time, which means that you have to wait until the conclusion of the proceedings to receive your compensation. Taking a claim to court also does not necessarily mean that you will receive the compensation that you believe that you are due because of your injuries. The attorney for the other side may try to reduce the claim or get it dismissed completely.
Your attorney at Sumwalt Anderson Law Firm provides more than effective representation. We understand that your personal injury case is not the same as every other case. The ideal attorney treats you or your loved one with dignity and respect and listens to you. Discover the advantages of receiving representation from an attorney that fights for you, protects your rights and works diligently to help you get the best possible outcome for your personal injury case.