Personal injury compensation in the US: What you should know

Recovering after an injury is sometimes difficult and in cases where there is loss of life, no amount of money can ever replace a loved one.

 (photo credit: INGIMAGE)
(photo credit: INGIMAGE)
 

Recovering after an injury is sometimes difficult and in cases where there is loss of life, no amount of money can ever replace a loved one. However in the US and especially in states like California, the law and institutions are sufficiently developed to move swiftly in order to compensate victims. The legal system itself is of such that it encourages early settlement, hence, according to government statistics, only about 5% of all cases actually go to court and the majority are settled out of court.

Companies and their insurers know all too well that going to court can be much more expensive, so when making use of an experienced lawyer, it is not surprizing that settlements often occur quickly and quietly. After all, corporations lose a lot more than the compensation amount when they receive bad publicity and class lawsuits.


Suing for personal injury compensation: What should you know?

People often wonder where to start in order to sue for personal injury compensation, how much their case is worth – and what types of injuries can be compensated with relative ease. It is one thing to have a legal system that is well developed, but finding a lawyer with an equally well developed system to explain things through a compensation calculator or case evaluation can be a challenge. By providing a personal injury calculator and free case evaluation for various injuries, ordinary people can have a quick and better understanding and off course a realistic expectation when deciding to pursue a matter for compensation.

It is also very normal to wonder if your case is actually possible to pursue. Big corporations can easily sound dismissive  in order to discourage lawsuits, well, you should not be discouraged at all because these are often the cases where high levels of compensation are due. Below we will demonstrate by means of example, which types of cases are often pursued with relative ease.


Vehicle accidents

When another driver breached their duty of care and this can be proven by the circumstances the plaintiff brings forward, the defendant is found guilty and need to pay compensation. Regardless of whether it was a case involving public transport, motorbikes, truck accidents – if you’ve been injured, it is always worth assessing the case.


Medical malpractice

In California, usually within a year of medical malpractice occurring, a case must be brought in order to avoid the effects of the statute of limitations. Now whether the malpractice happened during surgery, or just a visit to physician is irrelevant. It could have been a dentist, surgeon, physiotherapist, plastic surgeon , neurosurgeon – or any other case: do get it evaluated in time.

 

Wrongful death

Nobody wants to profit from the death of a family member, however the law makes ample provision and rightly so, that surviving family members ought to be compensated under certain circumstances when they lost a loved one. It typically happens when wrongful death occurred caused by a negligent act – and can include wide range of circumstances, like drunk driving, murder, poor care and negligence at public facilities etc.

 

Defective products

Product liability in California is another example where consumers are being paid huge amounts in compensation. It is also the case across the US. It is not only manufacturers that carry liability – but also retailers, which widens the scope for litigation. This also explains why the insurance industry in the US is thriving: because various parties in the distribution chain have a duty of care towards the consumer and can be held liable.

 

Slip & fall accidents

It is irrelevant whether someone may suffer a broken skull, limb injury or internal injury in the case of a slip and fall accident. What matters is that it occurred – and that if it happened due to negligence on behalf of a party that had a duty of care, in which case compensation is often due. The various injuries that should be compensated, the liability of the premises owner and the types of expenses for which compensation can be claimed, are all valid questions on which to consult a personal injury lawyer, particularly in California.

 

Dog bites

Pet owners carry the responsibility for the actions of their pets: If you’ve been bitten by a dog or other pet in California, chances are that unless the owner has a very good reason for defence, that they’d need to compensate you. One small area of exception that your lawyer can tell you about, is when the dog is owned by law enforcement – which is treated somewhat differently.

 

The fact is that there are many more types of injuries for which people deserve compensation, almost too many to mention. What matters though, is that you seek prompt advise from an attorney who specializes in the field – and that you do not wait until the statute of limitation is activated with any particular case. After all, if you do not need to pay to have a case assessed, or can find what is known as a “no-win no-fee” agreement – it is not a risky scenario at all.

 

Conclusion:

Indeed suffering from any injury is not a pleasure and there are many unintended consequences and disruptions to the lives of people when this happens. If you live in California – and in most of the US, you can be assured that the law is there to ensure ample compensation in cases of wrongdoing and that the suffering party should not have to shy away from bringing forward a case for compensation.

At the very least, make use of a personal injury compensation calculator to obtain a rough estimate and at get your cases assessed. You never know until speaking to an expert familiar with the law. Life goes on after accidents and injuries – and obtaining suitable compensation, could at least be helping people to cope better.