What are the different types of personal injury claims?
If you have been injured due to the actions of another person, the type of claim you are able to pursue is dependent on the facts of your case. A skilled personal injury lawyer in Lawrenceville, GA from Butler Law Firm is able to review your case and determine what the appropriate claim would be. This is important because each claim has specific standards of proof. The three main types of personal injury claims are:
- Negligence: this is the most common type of personal injury case and occurs when an individual failed to provide reasonable care or caution that an ordinary person would have provided in a similar situation. In order for a negligent claim to be proven a breach of duty must have occurred and resulted in injury.
- Intentional Tort: this differs from a negligent case because this claim involves a willful act that caused injury to another person. Intentional torts are typically both a crime and a tort, but the standard of proof is lower for a civil lawsuit than for criminal prosecution. These claims can become very complicating and it is best to have a personal injury lawyer in Lawrenceville, GA that understands the system on your side.
- Strict Liability: this claim is typically used again a manufacturer when it was the defective product that caused the injury. In order to prove that is was the manufacturer you must show:
– There was a marketing defect such as inadequate labeling or warnings.
– The product was considered “unreasonably dangerous.”
– There has not been alterations to the original product.
– It was the defect of the item that caused your injury.
No matter what your case may be, it is important to have a skillful and trusted attorney on your side that understands the legalities of personal injury claims.
What should I do after my injury?
Every day, numerous people receive injuries that not only cause physical pain but financial and emotional burdens as well. You may be concerned about the future regarding your medical bills, when you can return to work, how you will get fair compensation and much more. After an accident a personal injury lawyer in Lawrenceville, GA may suggest following these top 5 steps that should be taken.
- Get medical attention right away: even if you do not suspect your injuries are serious, you should always get medical treatment immediately. After an accident, some injuries may not be immediately noticeable. A doctor will be able to examine your injuries and provide official records that can be used for insurance and legal purposes. In addition, it is just as important for you to follow your doctor’s instructions for recovery and not miss any follow-up appointments.
- Report the injury: no matter what the situation may be, you should report the accident to the appropriate authorities. If you were in a car accident, call the police and have them file a crash report. If you were at work and fell, file an incident report with your manager. Having a paper trail can greatly increase your chances of higher compensation because you have proof of the incident.
- Keep Records: building a strong foundation for your case can help maximize your compensation. This is done by compiling all documents that are related to the incident. These may include:
- Accident reports
- Medical bills
- Evidence of lost wages
- Photographs of the accident and/or injuries
- If witnesses are present, ask for a recorded statement of their account
- Out of pocket expenses related to the injury
Collecting these types of forms will only help strengthen your case. At Butler Law Firm, a skilled lawyer is able to review your documents and fight on your behalf to receive the compensation you deserve.
- Speak with a personal injury attorney: the other party’s insurance company may try to reach out to you shortly after the accident with a settlement amount already in place. This may seem quick and convenient, however, insurance companies do not have your best interest in mind and will only offer the lowest amount of compensation they can. Consulting with an experienced personal injury lawyer in Lawrenceville, GA about your case can save you time and stress when trying to seek compensation for your damages.
- Avoid public statements: when your case is being reviewed and resolved, you should avoid talking about your injuries or accident on social media, new stations, or other publications. The insurance company of the other party will be trying to build a case against your claim and may try to find evidence that contradicts your original testimony.
For more information, or to discuss your case with a qualified personal injury lawyer in Lawrenceville, GA, contact Butler Law Firm, today.