People do not have a right to carry themselves in a manner that disregards the safety and welfare of others. Someone that you have never met before actually owes you a duty to act reasonably in what they do, as it relates to you. The same thing goes for a driver on the road and the owner of a store where you shop. When someone acts with carelessness or reckless disregard for your safety, they can be legally responsible for paying for the damage that they caused.
At Spaulding Injury Law, we can help you as you fight for the money that you deserve. We have experience in the following types of accidents:
Personal injury law applies when someone else’s actions have injured you. There is no standard law that governs your personal injury compensation. Instead, the common law of negligence applies. This is a legal doctrine that has been developed over hundreds of years. In general, it states that someone who acts unreasonably under the circumstances can be made to pay you damages.
Before you get to the point where a check is deposited in your account, there is a lot of work to be done. The first step is actually proving that someone else was to blame for your actions. There is a test that every single court will use to decide whether someone else owes you money. It has four parts, and you must prove all of them to be in a position to receive money.
Negligence all depends on the facts and circumstances of each individual situation. For example, Driving 55 miles per hour on the highway may not be negligence normally. However, during bad weather, it may be unreasonable to do that.
It is up to you to prove negligence. If you do not have the evidence to show that someone else was to blame, you will not get money. The good news is that there is a lower standard of proof than there is in a criminal case.
Once you have this evidence, you can begin to talk about the amount of damages that you can receive. This can be every bit as difficult as proving liability in your case. Oftentimes, the insurance company is more than willing to move on to the discussion of dollars because they are trying to rush you into a settlement that saves them money. They know full well that they need to pay you for the full costs, and they do everything that they can to avoid that.
In any personal injury case, you have the legal right to be put in the same exact position that you would be in had the accident never happened. Of course, the defendant cannot take back what they did and undo your injuries. Instead, they must pay you a dollar value assigned to your injuries. Oftentimes, they do this through their insurance company that is legally obligated to pay for the damages caused by their policyholders.
Your damages are broken down into two categories. One of them covers your financial losses. These damages include:
The second category is payment for the ordeal that you have endured because of your accident. These are non-economic damages, and they are a subjective measure of how much you have suffered. These damages include:
If your loved one was killed in the accident, you are entitled to a different set of damages in a wrongful death lawsuit. Your family will be compensated for its own damages that came from losing a loved one in an accident.
If you have been injured in an accident, you should never attempt to go it alone. You need help with both your medical and legal situations. Your first worry should be about getting the medical help necessary to get better. Not only is it a must for your health, but you also need an exact estimate of your damages, and that is something you cannot get without seeing a doctor.
Then, you should hire an experienced lawyer to guide you in seeking payment for your damages. There are two ways to get payment in your case. You could file a claim with the responsible party’s insurance company. Alternatively, you can sue the defendant in court and let a jury decide your case. There are many factors to consider as you decide what is best for your own situation. Your attorney would advise you while putting legal pressure on the defendant. Most personal injury cases result in settlement agreements, but it takes time to get the defendant to make a reasonable settlement offer. It takes an attorney who knows both how much your case is worth and how to say no to give you a better chance of getting what you deserve.
Spaulding Injury Law will be in your corner if you or a loved one have been injured in an accident. We know how to stand up for our clients and do it every day when insurance companies try to take advantage of them. It will not happen to you on our watch. Call us today or contact us online to schedule your free initial consultation.
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