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Personal Injury: Who Is Liable?


Most people will experience an injury at some point in their lives. This injury could have been due to a number of factors. Some injuries are due to the person's own negligence, while other injuries are the result of somebody else's negligence. Not all injuries require a legal claim, but if you have experienced an injury due to another individual, you may have a valid claim.

A personal injury lawsuit can help you recover compensation for damages due to this accident. This could cover medical bills you had, the cost of lost wages, or an individual may even receive compensation due to emotional distress and pain.
It's important to evaluate your situation, and even discuss it with a lawyer to see if it is really worth it for you to take action against this other party.
This blog post will cover the most common personal injury cases, the cause of action, the liable party, and the source of compensation.
Whenever someone is involved in a car accident, the accident is due to one or both of the drivers' negligence. The liable party involved is the individual who is at fault for the accident occurring. In a situation like this there is an insurance claim or civil lawsuit.
A slip and fall can happen at anytime, but if this incident occurs because of the property owner, then they are liable. These situations result in an insurance claim or a civil lawsuit.

Medical malpractice is another common scenario that has the potential to even be deadly depending on the situation. This occurs when a doctor is negligent and does not provide the proper care for a patient.
A workplace accident can happen for a variety of reasons. Fault is not necessary for these instances. The individual can file for a workers compensation claim.
When a defective product results in the injury of an individual, there is strict liability. The party who is liable is either the product manufacturer or can potentially be due to the store owner's fault. This will result in a civil lawsuit or a class action lawsuit.
Assault and battery incidents are due to the aggressor's fault. This is when an individual chooses to take violent action against another person. Insurance does not cover incidents like this. A civil lawsuit will resolve this.

If an individual was attacked by an animal such as a person's dog, this is due to the dog owner's negligence. This will result in a civil lawsuit or insurance claim.
Now that the common cases have been reviewed, you may still be wondering if it is worth it or not for you to make a case. If you want to make an injury claim, you are going to need proof that the accident occurred because of the other party's negligence. You will also need to prove that this case resulted in serious damage. As the person making the claim, you are the party that needs to provide the evidence.

If the injury occurred from a workplace, intentional act, or product defect, then your case will follow different rules.
Are you wondering what proof you need to show that this injury occurred because of the other party? If you were in a car accident or similar incident, then you will need a police report. If the accident occurred in a restaurant, store, or other business, you will need an incident report. If there are any witnesses who were there at the time of the accident and can report details, you will need a statement from them. If there are any photographs to show the injury, damage done, or may reveal fault, then you will want to provide those at court. If you have any medical records in regards to your injury from the accident, then you will want to provide those as well. Along with this, you will want a testimony from a doctor or medical expert in regards to the damage this accident has caused you or the affect it has done to your body. When the accident prevents you from going to work, you will want to show proof that you missed work those days. You will want to show the court how much compensation you would have made in that time frame.

When you are considering suing another party because of personal injury, it is best to contact an experienced lawyer. If you or someone you know needs assistance with your personal injury case, don't hesitate to call Palacios Law Group! We are always here to help.

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