Are you looking for an attorney to help you seek compensation for some kind of personal injury? If you’ve been the victim of any kind of injury or injustice and would like to pursue financial compensation for your situation, read below to learn more about these kinds of injuries and settlements.

What is a personal injury?

Beyond the obvious meaning of the words, “personal injury” is a term used to refer to any kind of physical or mental injury that a person may receive. In legal settings, “tort law,” or personal injury law, is a field of law designed to protect individuals and their property from damage that might have been incurred by either negligence or harmful actions. 

When it comes to receiving compensation for a personal injury, the goal is for the injured party to receive compensation from the party responsible for their injury. Personal injury attorneys specialize in helping victims of personal injury seek compensation for their experiences; they might help you take action against another individual, a manufacturer, an employer, or any other person or institution responsible for the damages. These actions are a civil proceeding that is separate from any criminal charges, even if the incident for which you are seeking compensation involves these charges as well.

What types of personal injury are there?

Personal injury can cover any number of circumstances. As mentioned above, both physical and psychological harm are covered by these laws. Here are just some situations in which personal injury settlements might be sought: 

  • Medical malpractice
  • Automobile accidents
  • Assault or abuse
  • Defective products
  • Accidents in public spaces (slip and fall accidents, for example)
  • Wrongful death cases
  • Workplace accidents
  • Some cases of libel and slander (also called “defamation”)

This is by no means a comprehensive list. If you’re not sure if your situation has the potential to allow you to seek a personal injury settlement, speak with a personal injury lawyer about getting a consultation to learn more.

How do the settlements for personal injury work?

Since the legal field can sometimes be very complex, we’ll keep this section focused on just the basics. When you’re working with a personal injury attorney to try to receive a settlement, your goal should be to prove two main things: liability and damages. If both of these aspects are proven to be present, the defendant will have to compensate you for your injury.

Let’s look at these ideas a little more closely:

  1. Liability. Liability is the first thing that must be proven for a successful personal injury settlement. When attempting to prove liability, your goal is to show that the defendant is responsible for the injuries that you incurred. For example, if you fell off of a ladder because someone knocked it over, they are liable for the incident. In some cases, inaction can also prove liability–if an employer neglects to undertake correct safety procedures, for example, they are probably going to be held liable for any resulting injuries even if they did not directly cause those injuries to happen, because they had a responsibility to implement the safety procedures and failed to do so. Your personal injury attorney will work with you to find the best way to explain and prove the liability of the defendant in your case. 
  2. Damages. If you’re seeking compensation for an injury, you need to be able to prove how serious that injury or damage is. Proving damages in a personal injury case might require proof of hospitalization, for instance, or a record from your psychiatrist explaining any distress or psychological injury. You will work with your personal injury attorney to be able to show all the information that will be helpful for proving not only that damages were incurred, but also how severe they are, so that the settlement you’re seeking will be 

When both these points are legally proven, you’ll be well on your way to receiving compensation.

Your case may be settled out of court if the potential defendant is willing to offer you a settlement. This is a solution which sees you still receive compensation without the need for a court case. If you do not accept the settlement that is offered, or if the person or group responsible for your injury will not accept responsibility, your case can become a personal injury lawsuit, which will be pursued in court with the help of your personal injury attorney. 

How do I choose a personal injury attorney?

Because some personal injury settlements can take quite a long time to resolve (from several months to a year, in many cases), and because you want to get the best results possible, you will want to make sure that you choose a personal injury attorney whom you trust with with whom you are comfortable working. While no lawyer can guarantee a certain outcome, you should probably look for an attorney with experience in personal injury law specifically if you want the best chance at a positive result for your case.

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