Personal Injury Attorney

Personal injury accidents can vary greatly on where they happen, why they occurred, who was at-fault, and other factors. Some of the most frequently seen personal injury cases involve vehicle collisions, slip and falls, medical malpractice, and product defects. For a personal injury case, the victim or injured party files a claim against the person or entity at-fault for the accident. Here we have answered a series of questions that people may ask their attorney, who want to know more about the basics of personal injury cases:

Q: In what instances do personal injury accidents happen?

When a personal injury accident occurs, this often means an individual or entity had breached his or her duty of care to another, which resulted in financial, emotional or physical damages. Negligence is a common reason personal injury lawsuits are filed, particularly against car drivers and medical professionals.

Q: Are there any other reasons for a personal injury case besides negligence?

A: Yes, strict liability and intentional wrongs can also be the reasons why a personal injury lawsuit is filed against an individual, entity, or company. Those who have recently been in an accident and believe someone else was responsible, can benefit from receiving a legal consultation. An attorney can go over the details of your accident to determine if negligence, strict liability, or intentional wrongdoing is a foundation for your lawsuit. These three bases for a personal injury case have been defined here briefly:

  • Strict liability: holds parties like manufacturers and designers liable for injuries caused to consumers due to defective or dangerous products.
  • Intentional wrongs: when a party had intent to commit an action which caused you harm in some way.
  • Negligence: when a person fails to use a reasonable level of care which resulted in harm to another.

Q: What does it mean if I win my case?

A: If you win your personal injury lawsuit, then this means the judge or jury has awarded you financial compensation for injuries, losses, and damages associated with the accident. The amount you receive is often based upon medical bills, property repairs, lost wages, physical pain and suffering, future impacts, and more. However, to increase your chances of the most favorable outcome, it is important to hire an attorney that is experienced in personal injury lawsuits.

Q: What does it mean if I am offered a settlement?

A: Prior to a court trial, there is a chance for both the plaintiff and defendant to reach an agreement over the matter (usually as a way to avoid court and maybe save the reputation of the at-fault party). Settling a case means that you have agreed to accept a certain amount of money in return to drop the case against the party who harmed you. You may even have to sign a release waiving any future liability.

Before accepting a settlement, it is highly encouraged that you speak with a personal injury lawyer in Minneapolis, Minnesota to ensure your rights are being protected and aren’t being offered an amount way less than what you need to recover.  

 


 

Thanks to Johnston | Martineau, PLLP for their insight into personal injury claims and the basics you should know.