Personal Injury FAQs: What Is Legally Considered a Personal Injury?

Getting injured can change your life forever, particularly if you have long-lasting medical issues resulting from the incident. You may have heard that you can claim compensation for your injuries if another person was at fault. But how exactly does this work, and when do these laws apply? Is it worth getting in touch with a personal injury lawyer in Kansas City?

In most cases, the answer is yes because an attorney can help analyze your situation and figure out whether you have a valid claim. Personal injuries come in many forms, so it can be hard to tell if your incident constitutes one. In general, you have suffered from a personal injury if another person was at fault and you now have significant damage or costs as a result of their negligence.

What Is a Personal Injury? 

A personal injury is a term used in civil law to describe harm caused by another person or party’s actions. The plaintiff is the person who is hurt and suffering from the consequences of the injury, while the defendant is the party the lawsuit is brought against. Often, this is a private person, for example, someone who caused a car accident, but it could also be a company that didn’t properly protect its employees or customers.

For an incident to be considered a personal injury, the plaintiff has to prove the defendant’s liability. What’s more, they have to demonstrate how the injury has affected their lives and increased their costs. There are many types of personal injury, and you can even claim compensation if one of your loved ones passed away as a result of the incident.

Liability

An event isn’t considered a personal injury unless you can prove that the other party is responsible for what happened. In general, everyone in the US must do all they can to avoid accidents, and people will be held responsible if they fail to comply with this regulation. For example, shops and malls have to make sure their floors are dry and free of debris so that slip and fall accidents can be prevented.

Similarly, drivers are not allowed to be under the influence of alcohol or drugs, and they must pay attention to the road at all times. If a person or business fails to act in the best interests of others and this leads to a severe accident, they are considered liable in the eyes of the law. As a result, they or their insurance company will have to pay damages to the plaintiff.

Proving Your Injuries 

Even if you have suffered because of someone else’s negligence, you might still fail to receive compensation if you can’t prove that your life has been affected. People who walk away from the site of the accident without sustaining serious injuries won’t be able to start a lawsuit because they haven’t incurred significant damage. On the other hand, you’ll be able to file a personal injury claim if you have high medical bills or other issues.

In addition to spending time at a hospital or rehab facility, you might also need to take days or weeks off work, which can cost you money. Similarly, you will be struggling emotionally, which might require you to see a therapist and can reduce your enjoyment of life. By speaking to a lawyer and filing your claim, you can receive the money you need to make up for these damages.
 

Types of Personal Injury Cases 

The main criteria of a personal injury are that someone else caused the accident and that you are suffering as a result. Beyond this, there are very few limitations, so the types of cases are very diverse. Some of the most common incidents happen on the road, and they include car accidents, a collision with a bike or pedestrian, and incidents caused by irresponsible or inexperienced rideshare drivers.

Another type of injury we see frequently is medical malpractice, which occurs when a doctor or other medical professional fails to perform their duties. You might be injured or disfigured during surgery, diagnosed incorrectly, or given the wrong medicine. In a business context, personal injuries often happen when a company doesn’t look after their space properly and thus puts in-person customers at risk. They might trip, fall, or otherwise get hurt.

Death

A particular type of personal injury case is wrongful death. This is when a loved one dies because of someone else’s negligence. Although the person involved in the accident can no longer claim compensation, the family members are able to do so on their behalf. They can contact a personal injury lawyer in Kansas City and get the money they need to guarantee their economic future.

In the case of wrongful death, you can claim compensation for any economic damages, which is relevant if the deceased person was the main breadwinner of your family. In addition, you could also receive money for the emotional suffering caused and the loss of quality of life. Although compensation can’t return your loved one to you, it can at least prevent you from having to worry about your financial future. 

When to Contact Your Personal Injury Lawyer in Kansas City 

As you can see, many events can be considered a personal injury. You will be able to file a lawsuit no matter what happened, as long as the other person was at fault and you are suffering as a result. If the liability of the defendant is clear, you might receive a phone call from their insurance company, offering you a settlement. Don’t accept this or give out any information during this initial call.

Instead, get in touch with a personal injury attorney in your local area. They can analyze your case and let you know whether the settlement offer is fair. In many cases, the insurance company will aim to offer you less than you deserve, so you might have to fight for your rights. A great lawyer can help you to compile the evidence you need to receive the maximum amount of compensation possible.

Choosing Your Lawyer 

You should always select an attorney who is experienced with the type of claim you are making. If you were injured in a car accident, make sure the firm has taken on similar cases before. You can find out most of this information online, but don’t hesitate to call up relevant law firms and confirm with them. They might offer you an initial consultation, during which you can get to know your lawyer and decide whether you’d like to work with them.

Personal injuries occur when someone is negligent and causes harm and suffering to another person. They could happen on the road, at a place of business, or in a medical context. Unfortunately, such incidents can severely affect the life of the injured person, which is why filing a lawsuit can be such an important step.

To receive the money you need to move on from your accident, you should get in touch with a highly-qualified personal injury lawyer in Kansas City. Such a professional will help you compile the evidence you need and layout your case so that liability becomes clear. Call us now at Potts Law Firm to speak to one of our top attorneys about your case. We will be pleased to help you move forward and recover from your accident.