- Details
Personal injuries can be a major disruption in your life. One day, things are going fine, and the next, you're dealing with significant injuries, ones that require medical attention and large expenses. With such a sudden change to your physical and financial health, it's no wonder that many people become stressed during these situations. One of the best ways to manage a personal injury situation is by knowing what to do and getting the right assistance. Below, you'll find everything you need to know to get started so that you can hopefully manage the situation more easily and get back on track faster.
What is Negligence?
Negligence is an essential part of personal injury law. It occurs when there is a failure to exercise a level of care that a reasonable person would expect under the circumstances. Negligence occurs when someone breaches their duty of care, resulting in harm or injury to another party. When negligence occurs, the injured party may sue for financial compensation.
For example, let's say you slip and fall at a grocery store. When you're at the store, you have a reasonable expectation that the owners of the store will create a safe environment. If an employee mops up a spill and doesn't alert customers of the wet floor, which then leads to your injury, the store has breached its duty of care. In a situation like this, you may be able to hold the store liable for negligence and pursue compensation for medical bills, lost wages, and other damages.
Types of Personal Injury Cases Resulting from Negligence
There are numerous types of personal injury cases that can come from negligence. Common examples include car accidents where the driver is distracted or intoxicated, a slip and fall accident on improperly maintained premises, medical malpractice when the healthcare professional fails to take certain precautions, or product liability where a defective product causes an injury.
While each type of case has unique elements, the central theme is negligent actions that harm another party. Knowing the type of personal injury case you're dealing with, though, can help you pursue the best course of action.
What to Do If You've Been Injured Due to Negligence
If you've been injured because of negligence, following certain steps can help protect both your well-being and your legal rights. For starters, you should seek immediate medical attention, even if you have minor injuries. Getting medical assistance will create a record of your injuries and ensure there are no underlying medical conditions that need immediate attention.
After that, it's important to document the incident. This means taking some photos of the accident area, getting contact information from witnesses, and gathering any related documents. You should aim to do this as soon after the incident as possible before a witness's memory fades or the accident scene changes. Also, contact any relevant authorities to create an official report.
Building Your Case
In many cases, after you experience an injury due to negligence, you'll need to work with an attorney. A personal injury attorney will best know the laws in your area and how to pursue compensation on your behalf. For example, in some states, you can still be eligible for compensation even if you're partially at fault for the accident. According to VictimAdvocate.com, a victims advocate in Miami-Dade County, "Under Florida's comparative fault system, you may still be eligible for compensation even if you were partially at fault in the accident. The compensation amount would be adjusted based on your percentage of fault in the incident."
Look for a personal injury lawyer who specializes in your type of accident. Then, work with your attorney to gather all the essential information and documentation for your case. From there, your attorney will guide you through the legal process, whether this is going to court or negotiating a settlement. Attempting to go through this process on your own is often very tricky, which is why working with an experienced attorney can be very helpful.
Take Things One Step at a Time
It's easy to become overwhelmed after an injury. The important thing is to take action one step at a time and remind yourself that, eventually, things will get back to normal. There are resources that can help you through this time, such as reliable personal injury attorneys, along with medical services to ensure you heal properly. We hope that this guide provided some helpful information on what to do after an accident and that you'll be able to more easily navigate this stressful time.