Personal injuries are common. However, knowing your legal rights in relation to personal injury can help you seek justice and get compensation.
Have you ever suffered an injury? Was it your fault or someone else’s fault?
Every year around 214,000 people die as a result of injuries. In addition, for every person who dies, 13 are hospitalized and an additional 129 are treated in an emergency room. In many cases the accidents are due to the negligence of others.
Unfortunately, many victims never seek legal action. Why? Because they don’t know their legal rights.
In this article, we’re going to cover personal injury and some of your legal rights as a victim.
After reading this article, you will be able to educate other people on what to do if they become a victim of personal injury due to the negligence of others.
What is personal injury?
Not all injuries are considered personal injury. Personal injury occurs when someone is involved in an accident caused by someone else’s negligence.
Personal injury includes incidents that harm or harm your body, mind, or emotions, or your property. Some of the main causes of personal injury are:
- Motor vehicle accidents – caused by reckless driving, exceeding speed limits, driving under the influence of alcohol and other drugs, talking on the phone while driving;
- Personal injury at work;
- Slips and falls;
- The dog bites;
- Product defects;
- Medical negligence;
- False deaths.
Personal injury often results in pain, suffering, and emotional distress that require medical and psychological treatment. It can also affect the way your body works, making it difficult to lead a normal life.
Growling dog. Image via US Air Force. Public domain.
Have you been hurt and the person who caused it never took responsibility for their actions? It is time to know your legal rights.
What are your statutory rights?
Here are some of the fundamental rights that a personal injury victim and every other person should know.
- Right to medical treatment
The first thing to do after an accident is to go to a hospital. If you are passed out or unable to move, then you are definitely in a hospital.
Personal injury victims have the right to see a doctor for medical treatment. Your life and health should always take precedence over everything else.
If the person who caused the accident is sufficiently responsible, they or their insurance company will take care of all of your medical expenses to make sure you are back on your feet. If not, you’ll need to use your money or health insurance to pay your medical bills.
You should also understand that some injuries take time before they occur. Even if you feel well after an accident, you should always get a medical exam to confirm that you are fine.
Your medical records are also useful when filing a lawsuit to provide evidence or evidence of injury.
- Right to file a lawsuit
Once you have left the hospital and have recovered sufficiently, consider how you can bring the person responsible for the accident to justice.
This is especially the case if the person does not take responsibility for their actions or denies involvement in the accident.
However, before filing a lawsuit, you need to make sure that you have sufficient evidence of the involvement of the person in the accident that harmed you. Gather as much evidence as possible from eyewitnesses for medical reports. This will help you win the case and likely get some compensation.
- Right to an informal agreement
Not every matter should be resolved in court.
What if you don’t have enough evidence to prove your claims? For example, it is very difficult to prove claims of medical misconduct.
You will also need money to pay legal fees so your application can be processed and to pay your lawyer if you hire one, which is quite expensive.
What’s worse, the process can take a year or even more to complete, and you are likely to encounter complaints from the defendant that challenge a court decision in your favor.
To avoid such situations, you can sit down with the other party and make a mutual agreement. However, this will only happen if both parties are willing to participate in the negotiations.
There will likely be other parties in the negotiation, including lawyers representing both sides and the other party’s insurer, to help you formally resolve the matter.
If there is mutual agreement between the two sides and the person takes responsibility for their actions and agrees to compensate you, it means that the matter is resolved.
- Right to a lawyer or solicitor
It is very difficult for a layperson to understand legalese. In addition, the process of filing a lawsuit and hearing a trial can be quite complicated without training and experience.
And what if you get hospitalized and admitted but still want to move the lawsuit forward? You need someone to represent you in court. And not just anyone, but a knowledgeable and experienced personal injury attorney.
Find a personal injury attorney who has dealt with similar cases and has the experience needed to seek justice and get the right compensation.
- Right to compensation
All of these processes, from filing personal injury to hiring skilled lawyers, revolve around two main goals. Justice and compensation. The latter, however, can be achieved without the involvement of the court.
The consequences of personal injury are severe, from pain, depression and stress to financial straits.
Compensation is based on your medical bills and the repair or replacement of your damaged or lost property.
If the accident affected your working life and, for example, you were disabled and cannot continue working, you will also need compensation for a disability. The person in charge must ensure that you continue to have a comfortable life after you finish your job.
Should the injury result in death, family members can file a lawsuit to meet loved one’s needs.
In any case, the amount of compensation depends on the severity of the accident and the injuries.
- Right to appeal against the decision of the court
You can’t always win a case in court – even if the defendant is responsible – for a variety of reasons, such as: B. because there is not enough evidence to prove your case.
When the accused has a lot of clout, perhaps a very wealthy politician with many high-profile connections or a large multinational with deep pockets, they can be difficult to hold accountable for.
However, if you ever feel that the court was unfair and did not give you the justice you deserve, you have the right to challenge its decisions by appealing to the case.
As soon as you appeal, the case will be reviewed and this time you need to come up with enough hard evidence. However, doing so can cost you valuable time and money, especially if you lose the case again.
Personal injuries are common. However, knowing your legal rights in relation to personal injury can help you seek justice and get compensation. Remember, you should never be afraid to claim your rights even when you are dealing with a “big fish”.