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Personal Injury 101

Posted on December 26th, 2017 by Oddo & Babat, P.C.

Personal injuries are a hardship that no one should have to face. Unfortunately, accidents happen and sometimes, they are the result of someone else’s negligent behavior. There are a number of factors that a victim of a person injury claim must contend with in the event that they choose to go through the court process. Personal injury attorneys play an important role in providing their clients with legal representation swiftly in order to help them to be awarded a fair settlement.

Types of Personal Injuries

There are a number of personal injuries that you could be susceptible to if you are in an accident. The injury you receive is really dependent on the accident that you are in. The most common types of personal injuries include:

  • Broken bones
  • Whiplash
  • Brain Injury
    1. Traumatic Brain Injury
    2. Concussion
    3. Contusion
  • Spine/Back Injuries that could result in paralysis
  • Internal Bleeding

How do I Prove Personal Injury?

There are several factors required in proving a personal injury claim. A personal injury attorney may be able to secure a settlement for you if you are successful in proving the following:

  • Duty of Care: When a person gets behind the wheel of a car or when a doctor patient relationship is established, there is a duty of care that they are responsible for. This means that they must act responsibly. For example, a driver of a motor vehicle upholds duty of care by abiding by traffic laws.
  • Violation of Duty of Care: A person may be found negligent for the accident that they caused if it is found that they did not uphold their responsibility to duty of care.
  • Causation: Essentially causation is when the accident was the result of a person’s negligent behavior, which ultimately led to the victim’s injuries.
  • Damages: This is the award that the victim is entitled to if the defendant is found negligent for their actions.

What Type of Damages Can I Collect?

If you have suffered an accident at the hands of another person, you may be entitled to damages if you are able to prove that the person was negligent. Damages that can be collected from a personal injury award include:

  • Medical Expenses
  • Lost Wages
  • Loss of Future Wages
  • Expenses from altering your home if retro fitting your home is required
  • Pain and Suffering

When you are recovering from an injury, the thought of enduring a court process that has the potential of being long and drawn out, can feel especially daunting. Working with a trusted personal injury attorney such as the top motorcycle accident lawyer can be helpful when determining whether or not you should move forward with a lawsuit.

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