is a legal term that means a person has been affected physically, mentally, or emotionally by another party. Suing a business for personal injury can be caused by a variety of situations like negligence, defamation, emotional distress, assault, or even something accidental like tripping over a rug or scalding of hot liquid.
Some of the very common personal injury complaints are caused by road accidents, restaurant and hotel mishaps because of an unsafe environment, and injuries caused by defective products. A prerequisite to a personal injury claim is the presence of evidence that something happened to change the circumstances of the injured party that would affect his or her normal routine. For instance, tripping per se may not qualify for a personal injury claim if nothing happened to the person.
Personal Injury Is Not a Get-Rich Quick Scheme
A common misconception among consumers is that personal injury suits are one way to get rich quickly. However, more often than not, attorneys will turn down clients if the case is weak. There are 3 simple tests every personal injury lawyer will conduct before accepting a client:
There is significant injury.
The victim has no fault.
The Statute of Limitations has not expired.
The Process of Filing a Personal Injury Case against a Business
Gather proof of the injury and write down the event as you can best recall it. Keep in mind that the injured person must be the one to file the personal injury case. It cannot be done by someone else “on behalf of” the injured party.
Start compiling records of the injury like police reports, medical records, and receipts.
Find an attorney who will agree to represent you and give him copies of your records and files.
Discuss the case and pinpoint the business you think is liable.
Be fair about the damages.
Be ready to negotiate and a possible settlement.
If negotiations fail, you will have to go to court.
Finding a Personal Injury Attorney
The flashy lawyers on TV or the Internet may sound convincing but don’t be swayed by the hype and drama. A personal injury attorney should have experience, knowledge, excellent communication skills, committed, and willing to go the length of the case. Many personal injury cases take a long time before it is resolved with finality. Insurance companies will also step in to muddle the issue so you will need that objective point of view from an attorney to keep you from getting distracted or frustrated.