Victims of personal injuries have the right to seek legal help after their accident. An attorney can review their case and define if the victim has a viable case or if the victim needs more evidence to support their claim. A viable claim presents clear evidence that the individual was injured by the defendant and doesn’t present any room for error. The medical records for the injuries and medical invoices show how the victim was injured and how much they have lost because of the injury. Reviewing details about personal injury claims helps the victims learn where to start with their claims and if they have a chance.
Seeking Medical Assistance After the Accident
After the event or accident that caused the victim’s injuries, it is paramount for them to seek medical assistance. Even if the individual doesn’t believe they are injured, they should at least get a checkup to see if they sustained any injuries. It’s vital for them to get medical treatment to determine how severe their injuries are. Documentation for the injuries is vital for a personal injury case. Victims of a personal injury can find out more information about personal injury cases by contacting Uvalle Law Firm right now.
Gathering Medical Records for the Claim
Medical records show the progression of the personal injury and provide a link to the event that happened. The medical records must show how severe the injuries are, and they must detail what medical treatment was required. If the victim has ongoing treatment requirements, they will need a report from their doctor explaining how long they require the treatment and how much the treatment will cost. Any invoices for the medical treatment show how much the victim will lose because of the injuries. If the victim cannot return to work because of their injuries, the records must explain their recovery time.
Deposing Witnesses that Saw the Accident
The attorney will complete depositions for all witnesses that saw the accident. The depositions define if the witnesses can substantiate the victim’s view of the accident or event that caused their injuries. Each attorney on each side has the opportunity to complete depositions for all witnesses involved in the case. Testimony collected from the witnesses is used in the case to provide eyewitness accounts of the event or dismiss the claim. Eyewitnesses are used in vehicle accident claims and dog attack cases.
When are Medical Witnesses Needed?
Medical witnesses are required if the victim was injured through a medical malpractice. The cases indicate that the victim sustained an injury while receiving treatment from a doctor. This could include receiving the wrong medication, surgical errors, or a failure to treat the condition in an appropriate duration. A medical witness explains the patient’s injuries and how the doctor caused these injuries. The severity of the injuries is explained by the witness. A medical examiner is also needed for a wrongful death lawsuit to show how the victim died.
When Do Strict Liabilities Apply?
Strict liabilities apply to dog attack cases, and the pet owner could face these liabilities if they knew their dog was dangerous and didn’t protect others. With strict liabilities, the pet owner is liable for the victim’s injuries and expenses. The court could require the pet owner to pay for all the victim’s medical treatment and provide compensation for tort-based claims. The victim must prove the dog attacked them due to no fault of their own, and they didn’t break the law by trespassing.
What is Comparative Fault?
Comparative fault is a ruling that is used in auto accident claims. It is introduced if the victim was guilty of a moving violation when the accident happened. If the victim shared the blame for the accident, the court will use the comparative fault ruling to reduce the victim’s award. The lawsuit award is reduced according to the percentage of blame the victim shared. If the victim shared more than 50% of the blame for the accident, they will not receive any compensation through a personal injury claim.
What is the Statute of Limitations?
The state of Texas imposes a statute of limitations for all personal injury cases. For all personal injury claims, the individual has a statute of limitations of three years. They must file a claim before the third anniversary of the accident. If the claimant wants to file a wrongful death lawsuit, the family must file the claim within two years. They must file before the second anniversary of the victim’s death. However, some cases require them to file before the second anniversary of the accident that caused the victim’s death.
What are Punitive Damages?
Punitive damages (definition here) are presented to patients if they win their lawsuit. The damages are presented as a form of financial punishment for the doctor. In civil cases, the victim isn’t seeking a criminal punishment for the doctor. Instead, the civil court demands a financial award for the patient to collect additional compensation for the doctor’s negligence and failure to present the patient with a higher standard of care.
When Does the FMCSA Step In?
All commercial vehicle accidents require the Federal Motor Carrier Safety Administration to complete an assessment. If the commercial driver violated the regulations, the trucking company could face penalties, and the driver is also penalized. The court could rule in favor of the accident victim if the commercial driver caused the accident and was guilty of exhausted driving.
Personal injury laws dictate how victims can seek compensation for their injuries. The circumstances that caused their injuries define what type of case they have. For example, after an auto accident, the victim must report the accident to law enforcement. If the at-fault driver has insurance, a claim must be filed first. If the driver doesn’t have insurance, the victim can seek damages through a civil lawsuit. The circumstances of the auto accident can also dictate how much the victim receives. For instance, if they are at fault for the accident, the court reduces the award. Reviewing different types of personal injury cases shows the victims what rights they have and how to get started.