Personal injury law or simply tort law allows the plaintiff to receive compensation after suffering an injury or harm due to some else’s negligence or intentional act. Many different situations can lead to a personal injury lawsuit, but not all situations can lead to liability. Below are the different types of personal injury that may require the services of a personal injury lawyer.
In the US, most personal injury cases are spurred by car accidents. Accidents normally occur when someone fails to follow traffic rules – careless driving, driving under the influence, etc. A careless driver can be held responsible for accidents and injuries arising from careless driving.
This is the worst injury anyone can suffer due to someone else’s wrongdoing. Unfortunately, the victim can’t file a lawsuit against the defendant or the person responsible. However, the surviving family can do so on his/her behalf. In such a case, a successful lawsuit would mean the victim’s family or loved ones receiving compensation on behalf of the victim, including medical and funeral expenses, damages for the loss of support, and the loss of consortium.
Negligence at work
The employer is expected to provide a conducive working environment for the employees: protective gear, gloves, boots, etc., especially in the case of semi-skilled or unskilled industrial workers. A cleaner who sustains injuries from cleaning broken glass windows without the right protective gear, provided by the employer, can file a lawsuit.
Both the cyclist and the driver will avoid taking responsibility for the accident. But with sufficient evidence collected by the Vancouver personal injury lawyer, and his/her ability to present this evidence favorably, determines liability and causation. Bicycle accident cases commonly have the following discrepancies: who had the right of way, who violated traffic laws, and who failed to exercise reasonable care.
Slip and fall
Another common type of personal injury cases is slip and fall. Property owners have a legal duty to ensure their premise is reasonably safe/ free of hazards for the safety of those who are on the property at any given time. But not all injuries that take place on the property qualify for liability, as the exact nature of the landowner’s legal duty often vary depending on the situation, or according to the state where applicable. Injury claims pertaining to slip and fall often fall under premises liability laws. Your attorney can handle legal issues concerning both slip and fall & premises liability claims.
It is often advisable to resolve most of these claims with an out-of-court settlement, where settlement documents may include clauses that state that the plaintiff forgoes any future legal action in relation to the injury/ incident at hand. But if a common ground or settlement cannot be reached or agreed upon, then the plaintiff can file an injury lawsuit in the state/ county courts depending on where the alleged injury occurred. Typically, the plaintiff’s lawyer will normally files injury cases in small claims court, with damage amount ranging from $2,000-$15,000. Such a claim can be resolved via negotiations between both parties’ counsel and/or agents of the affected insurance carrier or claims adjusters.
For more information, please check out http://www.caraccidentmoney.ca/