Category Archives: Personal Injury

Injuries happen all the time. Whether it be at work, at home, or in a vehicle, millions of people suffer bodily injuries each year.

Many of these injuries are due to the negligence of another person, or company. Tens of thousands of personal injury cases are filed each year in the hopes to retrieve compensation to help with the injuries of the harmed party. Therefore, presenting proper medical evidence is paramount to the success of a personal injury case.

Here is everything you need to know about the importance of medical evidence in a personal injury lawsuit:

What is a Personal Injury Case?

A personal injury case is a lawsuit that is filed by someone who was injured due to the negligence of another person or entity. This civil action is aimed to get compensation to cover the accident victim’s injuries. If punitive damages are available to be pursued, those damages are intended to punish the wrongdoer for their actions or inactions.

The plaintiff typically files a personal injury case to pursue compensation for:

• Pain and suffering
• Medical expenses
• Future medical expenses
• Loss of wages
• Future potential loss of wages
• Wrongful death
• And more

In order to successfully win a personal injury case, the injured party must prove that the defendant proximately caused the accident and are liable for the plaintiff’s harms and losses. The court will then determine the amount of damages to award.

Types of Personal Injury Cases

Many types of personal injury cases exist. They all have one thing in common: someone got injured because of another person’s wrongdoing.

The most common kinds of personal injury lawsuits include:

• Defamation
• Dog bites
• Car accidents
• Motorcycle accidents
• Product liability
• Medical malpractice
• Workers’ compensation
• Slip and falls
• Wrongful death
• And more

The nature of your specific case will determine the kind of personal injury lawsuit that you will file. For example, if you were bitten by a dog, you would file a personal injury lawsuit against the dog’s owner.

What is Medical Evidence in a Personal Injury Case?

Medical evidence is incredibly important in a personal injury case. These factors determine the liability of the other party in addition to how much they may owe based on your injuries.

Medical evidence can determine not only the damages, but the future potential compensation you may receive for a specific timeframe—including for the rest of your life—for ongoing medical needs. This form of evidence is typically showcased in the form of records from the medical center, hospital, rehabilitation center, or other medical facility where you received treatment.

Importance of Medical Evidence in PI Lawsuits

Medical evidence plays a key role in personal injury claims. Providing medical records will show the cost of each treatment received. Whether it be an emergency visit or your being admitted to the hospital, these records can significantly impact the outcome of a personal injury case.

Where does medical evidence play a role?

The plaintiff bears the burden of proof in a civil case. They must show, by a preponderance of the evidence, that the defendant’s negligent actions, or inactions, were the proximate cause of the plaintiff’s harms and losses. Medical records can be used to directly link the injuries to the person or entity accused of the negligent conduct.

Differing from criminal cases where the plaintiff must prove a lawsuit beyond all reasonable doubt, civil cases allow for the plaintiff to provide evidence that the claim is more than 50% likely to be factual and true (as mentioned, this is known as the “preponderance of the evidence” standard). Medical evidence can support these claims.

What kind of medical evidence is the court looking for?

The type of medical evidence is used in two ways: to prove damages and causation. This medical documentation may even include the testimony of the medical practitioner or other medical worker that was involved in the plaintiff’s treatment.

Further medical evidence can include but is not limited to:

• CT scans
• X-rays
• Medical notes
• Diagnostics
• Surgery transcription
• Medical devices
• Medicinal treatment
• And more

Causation

Medical evidence shows the causation of the injury from a specific accident. It can be obvious causation or require more in-depth effort to show the link between the plaintiff and the defendant. It is defined as the relationship between an action and the result of that action.

For example, if a person is bitten by a dog, and has never received an injury before, they can show that the nerve damage and broken bones are a direct result of the incident. The medical evidence will prove this as true and subsequently hold the dog owner accountable for the injuries.

Damages

Medical evidence is vital to assess the amount of damages that the plaintiff will receive at the conclusion of the case. It also provides the level of pain and suffering the victim endured from the injuries.

In the event of a settlement outside of court, insurance agents and adjusters will also use medical evidence to consider the medical care, the kind of medical intervention, and the overall costs of all medical inclusions. These documents help the adjusters determine the appropriate damages for the specific case.

Bottom Line

If you are injured in an accident, you must first seek medical treatment. It is imperative to ensure your health and wellbeing. After you receive your medical treatment, be sure to garner the appropriate medical documents when you are ready to file a personal injury lawsuit against the negligent party, or parties.

Medical evidence is paramount in winning a personal injury case as the injured party bears the burden of proof. These documents will help plead your case and directly link the guilty party to your injuries and show that they are legally liable. Medical evidence is the best way to assess the amount of damages you will receive based on the nature of your injuries and your pain and suffering after the accident.

Have you ever wondered how a personal injury case is valued? With over 24.8 million unintentional injuries occurring each year, millions of dollars are paid in compensation to accident victims.

Many factors come into play when personal injury cases are filed and perhaps go to trial. Settlements can be reached before a trial is necessary, which may result in a different payout number.

Here is everything you need to know about how personal injury cases are valued:

What is a Personal Injury Case?

A personal injury case is a lawsuit that is filed by the person who was injured. The injury is alleged to have occurred due to the negligence of the defendant, or defendants.

This type of case is a legal dispute whereby the plaintiff (i.e., the injured party)pursues compensation from the harms and losses suffered from the accident. The injured party can sue either the person responsible or even an entity to try and recover financial compensation.

The types of compensation that can be recovered may include, but are not limited to, the following:

• Lost wages
• Future potential loss of wages
• Medical expenses (both immediate and long-term medical expenses)
• Pain and suffering
• And more

How is a PI Case Valued?

When severe injuries occur, medical expenses can skyrocket. Pain and suffering can be lifelong as the injured party’s life can forever be changed due to the harms suffered in an accident.

Personal injury cases are all valued differently based on the damages. Here is how it works:

Damages of the case

Damages are referred to the injured party’s losses due to the accident and negligence. The majority of personal injury cases do not go to trial. Instead, they are settled outside of court.

The settlement can occur at any point after the paperwork for the lawsuit is filed. Typically, an insurance policy will cover the damages and compensation from the accident. Both parties will negotiate so a settlement can be reached. These damages will be based on the severity of the injury, the nature of the case, the available insurance coverage, and if the injury is life-long.

Average personal injury case settlement

Each legal claim is as different as each person. It is difficult to assume what the average cost of personal injury lawsuits is. However, the personal injury case value is based on:

• The details of the underlying incident
• The extent and nature of the injuries
• The injured party’s subjective post-accident experience including pain and suffering, loss of wages, and more
• The injured party’s non-injury harm which includes financial interruptions and losses
• The nature of the injury claim process including the willingness of the other party to settle and come to a resolution

Factors that increase the value of the claim

Although each case is different, certain factors can increase the value of your personal injury claim. The most important factors that increase the value of the damages include:

• The severity and seriousness of your injuries
• Whether or not you will need long-term medical assistance
• Whether or not there is insurance coverage that pays for all of the damages
• Whether or not the defendant’s liability is obvious and accepted by both parties
• Your specific credibility and how your demeanor comes across whilst revealing your personal experiences during and post-injury

Comparative negligence

Since you were injured due to the negligence of another party or entity, you may assume that the case will be cut and dry. This, however, is not always the situation. Comparative negligence will come into play which determines how much you are responsible for the incident and injuries.

If you are found even partially at fault for the accident, your damages will immediately lessen. This means that the defendant is not fully liable and responsible to pay your damages as you are linked to at least a degree of fault in this case.

Failure to mitigate damages

If you did not take the reasonable steps to mitigate the monetary damages due to the accident, you may not have a case that is valued as highly if you would have. If you do not seek the proper medical care and attention after the injury, your credibility diminishes and you would have failed to properly mitigate the damages.

The compensation may be reduced as it shows the nature of the injury may not be as severe as you are saying they are. It is wise to get seen by a medical professional directly after an injury occurs to prevent losing compensation in your future personal injury lawsuit.

Punitive damages

Damages that cover your medical expenses, loss of wages, and potential future loss of wages are considered “economic” damages.. Pain, suffering, and emotional distress due to the injury are considered “non-economic” damages. A third category of damages that may be recoverable in certain instances are “punitive” damages.

Punitive damages are not directly tethered to the accident victim’s injuries. Rather, they are intended to serve as a form of deterrent and a method for punishing the defendant for particularly egregious and reckless conduct. Many states have a cap-off amount, but punitive damages can increase your compensation considerably.

Bottom Line

The value of your personal injury claim is dependent on a variety of factors. The severity and seriousness of your injuries, the nature of your unique case, your contribution to the accident, and whether or not you need life-long care all come into play.

You may be owed even more money under punitive damages if can prove pain and suffering occurred after the accident. The value of your claim is directly dependent on all the factors of your specific case. The right personal injury attorney can help you navigate through the complexities of personal injury claims.

When an individual suffers harm due to the negligent actions, or inactions, of another person, they might seek compensation through a personal injury claim. But before a damages can be recovered , the victim must demonstrate, by a preponderance of the evidence,  the liability of the other party. In legal terms, this responsibility is called the burden of proof.

Understanding Personal Injury Law

Personal injury law refers to legal disputes arising when one person suffers harm from an accident caused by the negligent actions, or inactions, of another party, or parties.

In these cases, you as the injured party may be able to  seek a recovery of economic and non-economic damages. Recoverable amages typically include medical bills, lost earning potential, pain and suffering, as well as property damage, among other losses. Some common types of personal injury cases include:

Car accidents: If you’re involved in a car accident and suffer injuries, you may be able to file a personal injury claim if the other party was at fault for causing the collision.  You will need to provide evidence, like police reports, eyewitness accounts, photos of the scene or injuries, and medical bills to substantiate your claim and the amount of damages you are pursuing through the claim.

Slip and falls: These occur when a property owner fails to maintain safe conditions. Evidence may include photographs of unsafe conditions (like water on the floor), video surveillance proving lack of warning signs, or maintenance records showing negligence in regular upkeep.

Medical malpractice: If you believe you’ve been injured as a result of medical malpractice, you must prove a healthcare provider caused harm due to negligence/deviation from accepted standards of care. Examples include delayed diagnosis, surgical errors, and medication errors.

Defective products: If you’re injured by a product that’s defective or unsafe due its design or manufacturing process, you may have a product liability case. Common examples include faulty car parts, dangerous toys, or improperly labeled products. Demonstrating that the product was inherently risky even with proper usage is key here.

Workplace injuries: These are injuries that occur while on the job. Common causes include falls, equipment accidents, repetitive strain injuries, and exposure to harmful substances. In most cases, workplace injury claims go through workers’ compensation system rather than a personal injury lawsuit. Here, you need to demonstrate that the incident occurred while at work, or was related to your duties, but you generally don’t need to prove employer negligence.

Dog bites: Owners must control their dogs properly otherwise they may be liable for damages caused by bites or attacks.  In some states, dog bite cases are governed by strict liability. In others, there is a one-bite rule and/or negligence must be proven.

If you are a victim of any of these situations, it’s crucial to consult with an experienced personal injury attorney who can guide you through the complexities of filing a claim and seeking compensation for your physical, financial, and emotional damages.

Defining the Burden of Proof

In the context of personal injury lawsuits, the burden of proof refers to the responsibility upon the injured party to prove that the defendant was fault for the harm caused. The plaintiff must provide sufficient evidence – known as the “preponderance of the evidence” standard – to convince the judge or jury that the defendant should be held accountable for the victim’s injuries. Understanding the nuances of the burden of proof can be instrumental in helping plaintiffs present a successful case.

Burden of Proof in Personal Injury Cases

In personal injury cases, the burden of proof lies on the plaintiff, or the person who has sustained injuries. As mentioned, preponderance of the evidence is the burden of proof used in civil cases, including personal injury law. It means your case must be more likely true than not.

In other words, you don’t have to prove beyond reasonable doubt like in criminal cases. Instead, show that there’s a 50% or higher chance that facts are as you present them. The plaintiff and their lawyer achieve this by presenting a comprehensive case including but not limited to photos from accident scene, medical records, and eye witness and expert witness testimony.

Meeting The Burden of Proof: The Four Elements of Negligence

To satisfy their burden of proof in a personal injury case, plaintiffs must prove the responsible party was negligent. Negligence in personal injury law is proven by establishing four key elements:

1) Duty of Care: For a negligence claim, you must first prove the defendant had a responsibility to not cause you harm. For instance, drivers owe others on the road duty of care.

2) Breach: Next, you must show how this duty was violated. Using the driving example, if someone texts while driving and ignores traffic rules, they’ve breached their duty of care.

3) Causation: This means showing that because of this breach, your injuries occurred. If the texting driver hits and injures you, then causation can be established here.

4) Damages: Finally, you need to provide concrete proof showing losses due to your injuries – like medical bills or lost earnings records.

Successfully meeting the burden of proof in a personal injury case can be a complex and challenging process. As an injured victim, it is essential to have a knowledgeable and experienced personal injury attorney on your side. They can help you navigate the legal system, gather the necessary evidence for your claim, and advocate for you to receive the compensation you deserve.

If you or a loved one has suffered harm due to someone else’s negligence, contact a personal injury attorney as soon as possible to discuss your legal options.

Accidents happen. And sometimes, they can cause serious injuries that may lead to a lawsuit.

When you file a personal injury lawsuit, there are many moving parts. Legal matters can be quite complex, so the more you understand, the better.

Here is everything you need to know about what happens when you file a personal injury lawsuit:

What is a Personal Injury Lawsuit?

A personal injury lawsuit is a civil matter. It usually entails a situation where a person was injured by the negligent actions, or inactions, of another person or business. As a result, they want to file a lawsuit against the negligent party that is responsible for their harms and losses.

The main point of filing a personal injury lawsuit is to be compensated for your harms and losses.  The compensation can help cover the following:

• Lost wages
• Future potential loss of wages
• Loss of job/ability to work
• Loss of companionship
• Medical expenses
• Pain and suffering
• Lifelong medical intervention
• And more

To prevail a personal injury lawsuit, you—the plaintiff—bear the burden of proof. In other words, you are responsible for proving that you suffered injuries due to the negligent actions, or inactions, of another person or company.

Most Common Types of Personal Injury Lawsuits

Many personal injury lawsuits exist. The most common include but are not limited to:

• Medical malpractice
• Defective product/product liability
• Workplace/workman’s compensation
• Slip and fall incidents
• Car accidents
• Dog bites
• Food poisoning
• And more

When you are ready to move forward with an injury lawsuit, be sure to research the appropriate personal injury attorney who specializes in the nature of your case. Each case is unique and is based upon what specifically occurred in the incident that caused you injury.

What Happens After You Are Injured?

When you are injured, several things need to happen. First and foremost, you should seek medical attention as soon as possible. Even if the injuries seem minor, go see a doctor.

If you were injured, for example, in a car accident, be sure to take pictures of the surrounding areas, your bodily injuries, and anything relevant to begin building your case. Gather information, including contact information and the names of anyone who witnessed the accident. If, as mentioned, the incident entailed a car accident, make sure to retrieve all auto insurance information from the at-fault motorist.

Your next step is to preserve the evidence. Be sure to keep all records in a safe location for future use if you decide to move forward with a lawsuit. This includes documenting all of your experiences after the injury. This can include your pain levels, the activities that you now struggle with after the injury, and where your mental health lies.

Who is At Fault in a Personal Injury Case?

Depending on the nature of your specific case, multiple people and entities may be liable for your injuries. If you were injured in a car accident, the designer and manufacturer of your vehicle can be held liable if there was a defective part that caused the collision. If the other driver is at-fault, they may be held responsible.

Whoever is negligent that caused you to get hurt may be held responsible in a court of law. You must prove that this person or entity is the direct reason that you became injured. For a better understanding of negligence, it is vital to understand that you must prove negligence occurred by showing that:

• The defendant owed you a duty of care
• They breached that duty

What are the Steps in a Personal Injury Case?

To file a personal injury case, you must know the steps that need to be taken. They are as follows:

Hire an accident attorney

Begin looking for a personal injury lawyer. Discuss your case with them and they will begin to build the lawsuit.

You will be discussing how “discovery” works and what compensation you may be eligible to receive. Your lawyer will help you through all of the legal procedures.

File the complaint

Once you hire an attorney, they can file a complaint on your behalf against the at-fault party and/or their insurance company. The complaint will then be served to the defendant—or the wrongdoer you want held responsible for your injuries.

Your attorney typically has 30 days to serve this complaint. This can include having the complaint physically delivered to the defendant, stating that they must appear in court as they are being sued. Note: It is common for personal injury cases to be settled before a complaint is even filed.

Defendant may hire an attorney

After a defendant is served the complaint, they must enlist the help of an attorney as well. This typically occurs when the defendant has assets or insurance that they want to protect.

The insurance companies will be notified and both you and the defendant will give your statements regarding the version of events. Your lawyer and their lawyer may speak on behalf of you in terms of negotiation.

Pre-trial and discovery

This phase of the legal process includes both sides asking the other for all witnesses, information and documents, and discovery regarding the incident. Both sides will additionally appear in court to move forward with either a trial or mediation—an alternative dispute resolution.

This process can take several weeks to many months, depending on whether or not both sides can reach an agreement. Once discovery and research in the case are done, the defendant might consider filing a “Motion for Summary Judgment.” This motion basically means that the defendant believes the plaintiff cannot win at the trial. If the motion is denied, your personal injury case will proceed to trial.

Trial

At trial, the personal injury case can last several days to multiple weeks. The judge or jury will determine whether or not the defendant is legally liable for the accident and the injuries received.

If the defendant, or defendants, are found liable, the judge or jury will determine how much compensation is owed to the plaintiff. The defendant will then be required to pay the compensatory damages.

Bottom Line

If you believe you can prove that someone is accountable for your injury, hire a personal injury lawyer. Together, you can gather the necessary information to file against the defendant.

If you cannot reach a settlement before a complaint is filed, prepare for both pre-trial and trial. Your attorney will be with you every step of the way as you fight for the compensation you deserve.