Being in an accident is always a terrible experience. Most Americans live paycheck-to-paycheck, meaning that they would be unable to take a financial hit of any sort. Even if the accident was not your fault, the loss of income could be a devastating blow. When the accident is your fault, you are at the mercy of your insurance company. That is why it is always important to be proactive. If you keep an active eye on the potential dangers and make sure that everything you do is legal, you are less likely to cause someone else injury.
This includes anything from actively searching for potential dangers when you are driving to responding promptly to any notices about your property. In many cases, negligence must be proven before you (or your insurance company) would have to pay compensation or punitive damages.
Being in an accident that wasn’t your fault, however, has a silver lining. When you are in an accident that is not your fault, you are owed compensation. Here are the 5 most common examples of when you need a personal injury lawyer working for you.
- Car Accidents
Car accidents are very, very common. They kill over a million people each year worldwide. They are also the leading cause of death in young people. In the United States tens of thousands of people will die each year, and millions of people will be injured. Billions are awarded in compensation every single year. If you have been in an accident that wasn’t your fault, you could be one of the people benefitting from compensation.
The compensation you would be awarded would depend on the type of accident you are in. If, for instance, you are hit by an intoxicated driver and suffered severe injuries, you would be awarded more compensation for your pain, loss of income, and property damage than if you were hit from behind by someone following too closely.
To make sure you are protected during a car accident, you should consider also getting protection in the event you are hit by an uninsured driver.
- Boating Accidents
Boating accidents are like car accidents. The person who is responsible is the one who pays for the damages. Boats have insurance just like cars, although the rules of the waterways are far less stringent than the ones on the road.
When you are boating, however, you need to make sure that you are doing to legally. Most states have requirements and certifications that you need to drive a boat over 10 horsepower. You also need to make sure that the registration is renewed on time. It is much easier to forget to renew or to keep certifications valid for boats, as you don’t typically use them every day.
- Property Accidents
Workplace accidents are typically dealt with through worker’s compensation, but not all accidents and injuries will occur at a workplace. When you get injured due to the negligence of a property owner, and you were on that property legally, you have a right to compensation. Here are some of the different ways that you can get injured on a property:
There are three typical ways you can get burned. The first is thermal, the second is electrical, and the third is chemical. Any of these three can occur on a property. If the accident was because of negligence on the behalf of the owner or manager, you can be owed compensation. Negligence must always be proven.
An example of negligence is renting out an apartment that is not up to code and then ignoring notices that there is damage or danger. If there is a fire and the people who you rented the apartment to were injured, or killed, you will be held liable. If for example you burnt yourself on someone’s stove when you were helping with their cooking, there would be no case for compensation – you were negligent yourself.
Injuries that are caused by faulty machinery or by substandard safety equipment can also be negligent. Property owners and managers who accept the public onto their property are responsible for the wellbeing of their client. They must keep their building and their safety standards up to code. If they fail in doing this, you could be owed compensation for your injury.
As unlikely as it can seem, falls even from a small height can kill. A simple slip can cause serious complications especially to an older person that can result in death.
- Medical Malpractice
Medical malpractice suits are always difficult to predict. Many claims are dismissed. A claim would be dismissed when you, as the victim, have failed to prove that your suffering was caused by negligence of the doctor, or medical staff, and not because of your disease or illness.
There is something of a misdiagnosis crisis in this country. This is because doctors aren’t given the same incentive to correctly diagnosis a patient as they are to run the tests and administer treatments. Further, there isn’t a lot a person or family can do about a misdiagnosis. Diseases don’t always present themselves as what they are because of complications. One disease could be displaying an extra set of symptoms not commonly seen. There might be one or more diseases at play.
There are over 12 million misdiagnoses every year.
Negligence is, shockingly enough, the third leading cause of death in the U.S. Billions of dollars have been given in payouts every year. Negligence occurs when medical staff deviate from the standard care that all patients should be given.
Surgeries are where doctors can truly cause damage and pain. If a doctor is negligent during a surgery, a patient could die. Further complications could arise. They could require another surgery. The most shocking cases of malpractice in the surgery room are when doctors perform a surgery correctly, only to the wrong patient.
What a Personal Injury Lawyer Can Do for You
If gross negligence can be proven, not only would you have to pay compensation, you would also have to pay punitive damages. Punitive damages are a punishment towards the person or corporation that is responsible for your injuries or the wrongful death of a loved one. When someone you love, and rely on financially has died due to any of the above situations, and negligence can be proven, you need to press for compensation.
Compensation is meant to provide financial relief from the medical expenses incurred, from the loss of income, and for the pain and suffering caused. This becomes crucial when a spouse finds themselves having to support themselves through a grieving period. Losing an income is hard, it is even harder to cope when it is because someone you love is gone because of the carelessness of another.
Personal injury lawyers like those at Babcock Partners are who you need when you have been injured. They put your case together so that you don’t have to, and they do it right. When you have been in an accident, you don’t want to worry about collecting reports and witness testimonies – you want to get better. Use a lawyer that will take a portion of the settlement instead of paying out of pocket.
They can work on your behalf to get you a fair settlement, and if you don’t agree with the settlement deal that the opposition has offered, you can then go to court. Your lawyer will then demand arbitration.
Putting your case forward into court takes time. Court dates are assigned sporadically and are entirely dependent on how busy the Court is. The trial then proceeds. Please note that it is possible to lose in these trials, which is why it is always advised that you take settlement agreements. In extreme cases where the company is truly endangering people, you might be included in a class-action lawsuit.
Class-action lawsuits occur when the defendant has caused injury or death to multiple parties due to continued negligence, and have so far gotten away with it. This can happen when, for instance, a company has a lot of money set aside specifically to cover settlement cases, but does nothing to fix the problem.
Lawyers can also help you protect your finances. Most creditors are understanding if you have been hospitalized and cannot work (and therefore cannot make repayments). Lawyers can liaise with your creditors and provide proof of your injury and your inability to work to come up with an agreement. This could mean reducing how much you need to pay back while you are injured, pausing repayments until you return to work, or even taking what you owe them during this time out of your settlement case.
Compensation when you have been injured is a right. When you were injured despite obeying the law and being careful, it was because of the negligence of someone else that you have suffered. You need to protect yourself, and your financial stability. Use a personal injury lawyer that will work for you and get you the best deal so you can move on without any financial setbacks.