This guest post is from the Los Angeles personal injury law firm of Lederer & Nojima.
The term “Personal Injury” normally causes one to immediately think about lawsuits. The chief goal of personal injury or tort law is to make an injured party whole again due to injury caused by another’s failure to use reasonable care. A successful settlement may recover damages for pain and suffering, emotional distress, medical expenses, property damage, lost wages, and court costs and other current or future financial considerations.
According to the State Bar of Arizona, “common examples of personal injury negligence claims include car accidents, slip and fall claims (also called “premises liability” cases), products liability and professional malpractice cases. Injuries that occur at work are generally referred to as “industrial” claims and are governed by workers’ compensation laws.”
A personal injury attorney normally handles cases involving damages caused by or resulting in:
- Physical injury or wrongful death
- Emotional distress or defamation
- Premises liability
- Nursing home liability
- Medical malpractice
- Other forms of negligence
In all personal injury cases, liability is the key factor. Oftentimes, liability must be linked to the negligence of the other party. If the person causing injury did not exercise reasonable care and knew that the lack of reasonable care could result in harm or injury to the other party, then a judgment of liability might be rendered. On the other hand, if the injured party knew that the activity in which he/she was engaging was dangerous, then the injured party might have to bear the responsibility.
Personal injury law is most often complex and quite complicated and you may be asking yourself the question – Do I need a lawyer to make a claim? Here’s what the State Bar of Arizona has to say:
“Although you are not required to have an attorney to make a personal injury claim or to negotiate with an insurance adjuster, an attorney will help you understand your legal rights. If you caused an accident or may be responsible for someone else’s injuries, an attorney will usually be hired by your own insurance company to represent you depending on the type of claim and coverage.”
In most cases, you will be up against expert lawyers hired by insurance companies. These corporate attorneys don’t like to lose. It is quite probable that you will certainly be short-changed without a qualified attorney by your side. In searching for a personal injury attorney, one needs to find an attorney who specializes in personal injury law and who has a successful record in winning these type cases. The attorney should always protect your rights at all times. It is also beneficial to locate a personal injury attorney who is compassionate and understands the pain and suffering you are experiencing. You want an attorney who will push for an out-of-court settlement in order to prevent a lengthy and costly court trial. You have one chance to recover damages from a situation you did not cause, so the right attorney to get the right outcome is critical.