Personal injury law is the legal area that covers cases involving injury or harm to a victim because of the negligence or wrongdoing of another party. There are various myths and facts that surround personal injury law.
If you have suffered injuries in an accident, it is necessary to consult a personal injury lawyer. Reputable ones, like the personal injury lawyers at Boohoff Law, will provide all the assistance you need to get fair compensation for your injuries and losses.
This article is going to discuss six shocking facts about personal injury law that you should be aware of.
All personal injury accidents are not similar
You may think that all accidents are the same, but they are not. Incidents that come under personal injury law are different. Here are some accidents that fall under personal injury law:
- Product liability
- Medical malpractice
- Dog bites
- Premises liability
- Motor vehicle accidents
- Pedestrian accidents
- Bicycle accidents
Based on the facts and personal injury laws, the victims of these accidents will have specific legal rights and remedies against the liable parties.
Personal injury laws differ from state to state
Many victims assume that personal injury laws are standard across the world. The reality is quite the opposite. Personal injury laws vary from one state to another. Here are a few factors in personal injury law that can vary from state to state:
- The contributory or comparative negligence rules, which affect total compensation based on the victim’s involvement in the accident.
- The amounts and types of damages that can be awarded, such as medical expenses, lost income, pain and suffering, etc.
- The availability of no-fault insurance, which recovers your own injuries regardless of who is negligent.
Filing a personal injury case can be an expensive process
Most victims assume that personal injury cases are affordable, but unfortunately, they are much more expensive. That’s why the majority of personal injury claims are settled out of court through negotiation. Both the victim and the negligent party often find it more beneficial to reach an agreement rather than invest in an expensive or prolonged trial process.
Settlement outside of court often leads to faster compensation for the victim and decreased legal fees for both sides.
Shared liability affects personal injury compensation
How would you feel if you were injured by someone else’s negligence but could not get the compensation you deserved? What if the law said that you were partly to blame for your own suffering, even if you did nothing wrong?
This is the shocking reality of shared liability, a legal concept that affects many victims of negligence. Shared liability means that more than one party is responsible for causing an injury or damage.
Depending on the type of shared liability, the amount of compensation that a victim can claim from the negligent parties can differ greatly. There are two main types of shared liability: comparative negligence and contributory negligence. Do you know how they can affect your legal rights as a victim?
Comparative negligence means that the victim’s compensation is reduced by the percentage of their own fault in the personal injury accident.
Contributory negligence means that the victim cannot recover any compensation if they are even slightly at fault for the personal injury accident.
Only some states follow this rule. Shared liability can have a major impact on personal injury cases. So, victims should consult with an experienced attorney to understand their legal rights and options.
Punitive damages are not to compensate the victim
In a few personal injury claims, punitive damages can be imposed on a defendant who has acted in a reckless, malicious, or fraudulent manner.
The main advantage of punitive damages is that they punish the negligent party and deter others from engaging in similar conduct. More than compensating the victim, punitive damages are meant to send a message that recklessness will not be tolerated. Some critics argue that punitive damages are unpredictable and unfair.
Delaying can be disastrous
There is a deadline to pursue a personal injury claim. Suppose the victim fails to file a personal injury claim within a certain time limit; then they miss the chance forever. This time limit is known as the statute of limitations. Personal injury claims should be filed within two to three years from the accident date.
Keep in mind that this rule may differ by jurisdiction. This means that, for every state, personal injury law rules vary. So, the deadlines also differ. Therefore, it is necessary to consult a personal injury attorney immediately after an accident to avoid delay in filing a personal injury claim.
We hope our article has helped you learn about six shocking facts about personal injury law. It is important to remember that personal injury cases or claims require patience, time, and money. Get in touch with an experienced lawyer to find out how you can seek compensation.