Do I Have A Personal Injury Case?

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You’re probably wondering if you are allowed to receive financial compensation in the event you get injuries from an accident or if you can file a personal injury lawsuit instead of having an insurance claim. A personal injury lawsuit is a civil lawsuit usually filed against people who should be responsible for injuries inflicted on others. (Wrongful death is different from personal injury, and at times, the family of the former is the one asking for the compensation.)

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Difference Between A Personal Injury And Workers’ Compensation Claim

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The fault requirements and types of compensation benefits available are the main differences between a personal injury and workers’ compensation claims. A personal injury claim is based on the fault or negligence of the accused while the workers’ compensation claim does not need to prove any negligence in either party. Recovering damages against someone needs to show that the other party is negligent and has done something wrong.

 

Fault Needed In A Personal Injury Case

 

Accidents happen unexpectedly. To be qualified in a personal injury case, one must prove that the other party is negligent. For example, you are in a restaurant and going down the stairs, and you accidentally slip because the stairs are wet. You can file a personal injury case in such a situation. Why? Because the other party is responsible for maintaining the area accident-free. The other person who should be accountable showed negligence.

 

No-Fault Needed In A Workers’ Compensation Case

 

There is a limited exception in workers’ compensation benefits, but any employee injured on the job is entitled to it. Unlike personal injury, workers’ compensation does not need to provide proof that there is negligence in both parties involved. In general, as long as you have been injured in the workplace, whether you or your colleague is at fault, you are still entitled to have workers’ compensation claim.

 

Different Damages

 

There are different damages between personal injury and workers’ compensation. Those who are under workers’ compensation claim are not entitled to pain and suffering benefits, while those who are under personal injury claim are entitled to recover all damages they suffered. Costs include lost earning capacity, lost earnings, future medical expenses, medical bills, pain and suffering, permanent impairment and loss of enjoyment are catered under personal injury claims.

 

A weekly compensation, medical bills, vocational rehabilitation, and permanent impairment benefits are the one included in the workers’ compensation claims. They are not entitled to pain and suffering benefits. The reason is that the workers’ compensation is a trade-off between the business owners and labor.

 

Before the twentieth century, the injured workers may sue their employers for negligence when something happened to them at work. If the employer, on the other hand, was not negligent, or when the injured employee did not sue for a claim against the employer, there will be no benefits and medical assistance he could claim.

 

You Cannot Sue Your Employer Or Your Co-Workers

 

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As stated by the law, all workers who were injured on the job will receive weekly benefits and medical assistance. This is also the reason why these injured workers lost the right to sue their employers and colleagues for negligence, along with it, they lost the right to collect damages for pain and suffering.

 

Are There Workers Who Are Legally Permitted To File Complaints Against Their Employers?

 

There are two cases of employees that do not fall under any workers’ compensation laws, and these are crewmembers of vessels and interstate railroad workers.

 

There is a federal law known as the Jones Act which authorizes crewmembers of any boat to sue the employer for damages when they have been injured on their job. These damages include pain and suffering like a personal injury claim. So, if you are a crewmember who has been injured on board, it is advisable to contact a lawyer who specializes in Jones Act cases.

 

On the other hand, the Federal Employers Liability Act (FELA) is a law being followed by interstate railroad workers. Interstate railroad workers may sue their employers when they are injured on their employment. These workers are those who work for a railroad that operates in several states. Not all railroad workers are under the Federal Employers Liability Act like the commuter rail workers. It is best to contact a lawyer specializing in Federal Employers Liability Act for more information regarding the law and its procedures.

Personal Injury Lawsuit Statistics: The Odds Of Winning Your Case

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What Is A Personal Injury Case Or Lawsuit?

Personal injury lawsuits are legal disputes that happen if a person experiences negative or adverse effects of someone else’s action. This means that they suffered harm or injury due to an accident, thus, causing someone else to be legally responsible for them and the damages.

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How To Find The Right Attorney For Your Case

The presence of a lawyer in a case before the courts of law or administrative tribunal plays an essential role for your success in claiming the amount of damages arising from the negligent or willful act of another party. Take note that under the law, you are entitled to the payment of actual, moral, nominal or liquidated damages the moment someone causes harm to your person or property. However, the claims for damages are quite challenging because of the complicated process involved.

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10 Things You Need To Do After A Car Accident

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Well-intentioned though they may be, the government — and in fact, nobody — can stop you from making bad decisions about your life. —

In the United States, a car accident is a common occurrence. Most of these accidents have to do with property damages such as damage to the vehicle. But one out of three accidents may also involve an injury to either the passenger or driver or both. Out of this number, two in ten accidents can result in severe injuries.

 

There are things you should do to protect yourself and your interests when being involved in an automobile accident. Here is the list of these top ten things you should do:

 

STOP. It is necessary to stop when involved in a crash. Do not drive away from the scene, and even it is only a minor accident.

 

PROTECT THE SCENE. Keep the vehicle flashers on to prevent further accidents. Make sure to keep flashlights in your car in case you encountered an accident on a dark road.

 

CALL THE POLICE. It is necessary to ask for an authority when there is an accident. You may need the police report when you file for an insurance claim in the future.

 

MAKE AN ACCURATE RECORD. Do not speculate ad tell the investigating officers what exactly happened. If you are uncertain of the events, do not guess and make sure, to be honest to the officer. Make sure that the other parties involved will give their accurate statements. If you are asked whether you are hurt, and you are uncertain, say that you are unsure. It is the best answer rather than saying no. Most often, pain and injuries are only apparent after a few hours after the collision.

 

TAKE PICTURES. Immediately take a picture of the accident scene involving visible damages in the vehicle, and injuries of the person concerned. Make sure to not interfere with the police investigation when taking photographs, and you may capture such photos even after the accident.

In the United States, there are about six million auto accidents each year resulting in about three million people injured.  We know that many people do not do what they can to keep themselves and others safe while driving. — James F. Zender Ph.D.

EXCHANGE INFORMATION. The investigating police officer must acquire all the information regarding the accident. The police will give all involved a police report number where you can later use to acquire a police report. However, if there is no investigating officer present, you should take the initiative in obtaining information regarding the accident, these information includes the details of the other party – the name of driver and passengers, time and date, contact numbers and such. Insurance information is also included. If there are witnesses, make sure to obtain their information for reference when you are planning to have an insurance claim.

 

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REPORT THE ACCIDENT. If you are under insurance, make sure to report the accident to the insurance company as soon as possible. Some policies require immediate reporting and full cooperation. There is insurance that has medical benefits as part of the insurance coverage, make sure that you are subscribed to it as you can use it. An example of that is medpay. This medpay coverage includes pay for accident medical settlement and is available to all occupants of the vehicle. The insurance rates will not increase that is a result for submitting claims for medpay coverage, and once it is exhausted, private health insurance will become the primary insurer.

 

SEEK MEDICAL HELP. All involved in the accident should seek medical attention as soon as possible, even if you are uncertain if you have any injuries. Also if you are only involved in a minor accident, you may sustain a severe and permanent injury that is not visible. Medical attention is highly required especially when you lost consciousness or in a daze.

Results from an eight-year study confirm that young people who have sustained a head injury are more likely to engage in violent behavior. — Rick Nauert PhD

KEEP A FILE. Make sure to keep all record of the accident-related documents. These include the claim number, names, phone numbers, and police reports.

 

PROTECT YOUR RIGHTS. Consult your lawyer to protect your rights, and they will know the necessary procedures to take when claiming insurance.