A personal injury is described as a physical injury that occurs to the body or the emotional state, rather than damage that is done to reputation or property. Personal injuries can be catastrophic and devastating and can lead to issues years and even decades down the road. Because of this, the victims of a personal injury may be entitled to compensation from the person who caused the injury, if it was done through carelessness or negligence.
Liability and Negligence
These are two terms you will hear commonly if you are filing a personal injury case. Liability is used to identify the person who is legally responsible for something. This could be a pharmacy that dispensed the wrong dose of a medication or a corporation that made a faulty product that injured consumers.
Negligence is the failure to properly care for something. This can be something as simple as letting water accumulate and freeze on a business walkway to not securing an animal properly.
What Are Common Personal Injury Cases?
One of the most common type of personal injury cases stem from motor vehicle accidents. The person injured can be a driver, passenger, motorcyclist, cyclist or even a pedestrian. If the accident was caused by another party, any of these people may be able to file with a personal injury lawyer. These accidents are often caused by the following:
- Hit-and-run accidents
- Illegal lane changes
- Reckless driving
- Drunk driving
Even the smallest injuries should be treated after a motor vehicle accident, because some problems are not prevalent for days or even weeks after the accident. Getting treatment immediately ensures that you have adequate documentation if you decide to file a lawsuit, although there is likely a statute of limitations on how long you can wait.
Construction injuries are also common. These can be on-the-job injuries or injuries to visitors of the site. Those in charge of the site are responsible for maintenance, safety, signage and providing the proper equipment to anyone on the site. Even falling off a ladder or scaffolding can lead to serious injury, and according to the United States Bureau of Labor Statistics, close to one-third of the injuries in the construction industry are caused by slip and falls.
Similar to construction injuries, workplace accidents are common in personal injury cases. Workplace injuries can come from repetitive movement done over a period of time, or something as simple as a company not providing the right safety equipment in a hazardous environment. Workplace injuries at times fall under the workers’ compensation umbrella, which relies on insurance that all employers must carry. A good personal injury attorney can help determine where your injury falls on the spectrum.
Another common type of personal injury is medical negligence. This occurs when any type of medical personnel makes a mistake that leads to an injury. These may involve:
- Misdiagnosis or late diagnosis
- Surgical errors
- Prescription errors
- Birthing injuries
Animal bites can also be considered a personal injury. In certain cases, the owner of the animal may be responsible for the incident. State law determines where fault lies and what the specific requirements are to find fault, but anyone bit by an animal may be eligible for compensation.
Should You Hire An Injury Lawyer?
If you have been injured in any type of accident, you may want to consider hiring an attorney to help handle your legal case. There are many reasons for this, the main one being that they can maximize the compensation you may receive during negotiation or trial.
Objective and Professional
An attorney has the experience and knowledge to look at your case objectively and determine if there is way to prove fault. Emotional trauma often goes along with the physical pain that comes from an injury, and to make an objective decision about filing a lawsuit, an attorney can look at the situation logically and from a legal perspective. This can save you time and energy when it comes time to consider a lawsuit.
Negotiation and Trial
Many personal injury cases end in a settlement from the at-fault party. Their insurance company may determine that they the smartest move is to offer you a settlement if it is obvious that their policyholder is at fault. At times, insurance companies may offer a smaller amount than you deserve because they do not believe you know the law well enough to understand what you are entitled to. An attorney can help negotiate through this process to make sure that you get the compensation that you deserve.
If the at-fault party refuses to settle, your case may go to trial. In this case, you want an attorney who can compile evidence and aggressively advocate for your rights in court. A good attorney knows when it is time to negotiate and when it is time to push for more money for your injury.
Thorough and Detail-Oriented
There are so many details that must be kept together when you are filing a civil case. While you are seeking medical care and trying to heal from your injury, an attorney can be putting your case together. This involves gathering witness statements, recreating accident reports and negotiating with the insurance company. Details are important and an attorney will thoroughly investigate your case to find every detail that will work in your favor.
Familiarity with the Justice System
The legal system is complex and confusing, on both the civil and criminal sides. When you have been injured, you want an attorney who is familiar with the system and knows how to navigate it seamlessly. The less stress involved in your case, the more focus you can put on healing.
What Should You Do After an Injury?
It does not matter how minor the injury is, or how it is caused. The first step should always be seeking medical help. Brain injuries and soft tissue injuries may not show up for weeks after your accident and catching them early may keep you healthy. A qualified medical professional should thoroughly examine you after an accident, both for documentation purposes and to prevent additional injury.
Keep a record of your expenses. Your attorney can help you with this, but if you receive compensation, it could include any of the following things:
- Medical equipment, prescriptions and doctor visits
- Funeral expenses
- Pain and suffering
- Lost wages
- Punitive damages
- Loss of companionship
Your compensation amount will depend on the type of injury, the severity of the injury and if you can prove that someone was negligent and at-fault for your injury. An attorney will work with you to start an investigation into the injury. They may include doctors, accident reconstruction specialists and other professionals to help prove that your injury could have been avoided.
Once you have received medical attention, it is time to choose an attorney, no matter how minor you feel the accident or injury was. While you are working with your attorney, they will instruct you how to behave, where to be and what you need to provide for your case.
Choosing a good attorney is extremely important after an injury and can make a huge difference in the compensation you get from the negligent party. If you have been injured and want access to an attorney who has been successful at winning large cases with years of experience in the courtroom, contact us at Cellino Law today.
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- I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.
- Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.
- It was a great pleasure working with you on my lawsuit. You certainly gave 150% of your time and interest in settling my case and for that, I am extremely grateful. Therefore, I want to thank you very much for helping me win my settlement and wish you the very best.
- My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.
- My wife and I would like to take this opportunity to thank you for a fantastic job as our attorney. We could not have been more pleased with the work you and your team has done on this case. This past four years or so has been such a roller coaster for our family. We are very pleased and grateful with the result. We have made a good choice by choosing you. Thank you.
- Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.