What does a personal injury lawyer do? Who needs to hire them? Are they different from other lawyers?
For more information about personal injury lawyers and who they help, here is a simple guide that will help you determine if you need one.
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What is a personal injury lawyer?
Personal injury (PI) lawyers or attorneys are the legal professionals that often assist injured victims for them to receive compensation. They protect the victims and their families by letting them know of their legal rights and work to ensure that they get justice for their pain and suffering.
Who needs a personal injury lawyer?
Who are the individuals that can benefit from hiring a PI lawyer? As mentioned earlier, they often represent two kinds of clients: the victims themselves or the family and loved ones of the victims.
Are you a personal injury victim?
Have you been injured in an accident that has been caused by a negligent or reckless individual or establishment? If so, you may be able to get compensation for your physical and psychological injuries.
Common accidents that qualify for a personal injury claim:
1) Truck accidents
2) Car accidents
3) Pool accidents
4) Slip and fall accidents
5) Dog bite accidents
6) Burn accidents
Common injuries that may result from an accident:
1) Head and brain injury
2) Neck injury
3) First, second, third degree burns
4) Internal injury
5) Limb Injury
6) Bone injury
7) Spinal cord injury
How a personal injury lawyer can help you
A traumatic brain injury lawyer will assist with many procedures in your claim, such as the following:
- a) Documenting and gathering pieces of evidence such as medical records, police records, and witness statements
- b) Filling and filing relevant paperwork
- c) Dealing with insurance companies
- d) Providing their expertise and legal advice
Did your loved one die due to negligent or reckless conduct?
One of the most difficult things many people go through is when their loved ones die. Although it is natural, there are no words to explain the feeling of losing a valued person in their lives.
However, when their family member has died due to the recklessness and negligence of another individual, company, or establishment, the pain will be too much to handle. At times like this, personal injury lawyers will seek to get justice for the families of the victim who lost their lives due to wrongful death.
Who can file a wrongful death claim?
Depending on the state where you live, you may or may not be eligible to be the personal representative (PR) of the deceased person. In most cases, your claim will be honored if you are one of the following:
1) Spouse of the deceased
2) Children of the deceased
3) Parents of the deceased
What are the types of compensation you can receive for wrongful death?
A family member or legal dependent of the victim may be entitled to receive compensation for:
1) The medical and treatment fees before the victim’s death
This is often the case if the survivor is the one who paid for the hospital bills and treatment when the victim was still alive
2) The loss of companionship, guidance, and protection
This is to compensate the emotional needs of the loved ones for the untimely loss of the victim
3) The funeral expenses
This is compensation for the fees acquired to pay for funeral costs
4) The lost wages and benefits
This is compensation for the lost income and benefits that the victim would have been able to receive if they are still alive
How a personal injury lawyer can help you
When you get the assistance of a PI lawyer for a wrongful death case, they will help you get compensation for your loss. However, they will need to establish the following elements to prove that the defendant or the other party is indeed liable for your loved one’s wrongful death:
- Duty of care
Did the other party have the duty to keep your loved one safe?
For example, if your family member died as a result of a truck accident, due care will be to ensure that the defendant is driving safely and within traffic rules. Since they have the privilege to drive, they must avoid using that privilege to cause harm to others.
- Breach of duty
Did the defendant breach the duty of care?
From the example earlier, did the other party drive under the influence? If so, he did not follow his duty and did not behave as a responsible individual.
Did the actions of the defendant actually cause the death of the victim?
Finally, the other element that has to be proved is if the defendant’s actions directly cause the unfortunate demise of the victim.
Get a personal injury lawyer who genuinely wants to help you
If you or someone you know has been the victim of a wrongful accident, it can be overwhelming to see where to start looking for justice. Since there are many lawyers available, you need to ensure that the one you will hire is a legal expert like the San Jose Personal Injury Lawyers whom you can truly trust.
Take your time in hiring a lawyer that will represent you. Since they are your partners in this fight, you need to know that you can rely on their expertise.