What is Personal Injury Law?
The law governing personal injury claims is complicated and can be intimidating to those who are new to the world of what is known as a "personal injury case."
If you have been involved in a car accident, suffered an injury as a result of a slip-and-fall, were bitten by an animal, or were injured while visiting a store or another place of business, you may be able to recover compensation for your injuries, medical expenses and economic losses. Being hurt as a result of someone’s negligent conduct can leave you with pain, mental anguish, lost wages and medical expenses.
It is important to consult with an attorney following an injury to make sure your rights are protected. Often, the insurance companies will try to get the injured person to give a statement about the accident or their injuries. Insurance companies will also try to reach quick settlements with victims who are not represented by an attorney for less than the fair value of their claims. Having an experienced, aggressive advocate on your side will ensure that you will be fairly compensated for your injuries.
Bykhovsky Law has represented injured people for over eighteen years and we work hard to achieve the best results for our clients. What makes us an effective advocate is that we don't shy away from bringing our clients’ personal injury claims to court and forcing the insurance companies to pay fair compensation.
If you have been injured, we've got your back. Contact us today for a Free Consultation.
If you would like to learn more about personal injury Wisconsin Law, we're here to help. Here is what you should know.
Types of Personal Injury Law
Some types of personal injury law are:
- Auto Accident – This occurs when a driver causes an accident that leads to injuries or death.
- Medical Malpractice - This occurs when a doctor or other care provider fails to properly diagnose or treat a patient.
- Wrongful Death – This occurs when someone dies as a result of someone else's negligence. These cases often come from other personal injury cases, such as vehicle accidents, medical malpractice, or nursing home neglect.
- Products Liability - This happens when a product is so unsafe that it causes personal injury. This can include defective cars, defective medical devices, and poor housekeeping.
- Aviation Law - This pertains to airplane travel and injuries that occur during a flight or the landing or taking off of a flight or when a flight is delayed or canceled.
- Premises Liability – When dangerous or or defective conditions on someone's property leads to an injury, it's called premises liability. This can happen on commercial property or residential land, such as a neighbor or relative's home.
There are many other types as well, such as birth defects, asbestos exposure, animal and dog bites and more.
What Is Personal Injury Law?
In general, personal injury law refers to the area of law that deals with injuries and property damage that someone causes to another. These can be injuries that stem from medical malpractice, products liability, employment law issues, aviation law issues, or other issues. A key thing to understand is that these injuries do not have to be physical injuries. They can also be psychological or financial.
Personal injury law allows you to pursue financial compensation for your injuries, whether those injuries were caused by an individual, a business, or a government entity. These laws ensure that you are compensated for injuries that someone else caused you so that you are not forced to foot the bill for someone else's carelessness or fault.
Types of Personal Injury Claims
There are several different types of personal injury claims a person can file. These include:
- Medical Malpractice - This may look like a lawsuit for a failure to diagnose or when a surgeon leaves a tool or other foreign material behind during surgery.
- Products Liability – This may be a case such as a child who is injured because a car seat buckle did not latch securely due to a defect or someone who is injured by metal fragments when their airbags deploy in an auto accident.
- Auto Accident Claims - This is when you are in an auto accident and the other driver is at fault. Even though their insurance may pay for some or all of your vehicle damage and your injuries, you may still have a claim. For example, their insurance coverage may not be enough to pay for all of your injuries. In addition, even if the insurance covers the claim, an attorney can assist you with gathering evidence, understanding paperwork, and negotiating a settlement with the insurance company.
- Dog Bite Injury Law - This is when you are bitten by a dog that is not properly restrained or muzzled.
How to Go About Settling a Personal Injury Claim?
There are certain steps you should take if you have been injured. These steps can include:
- Seeking medical treatment: If you've sustained physical injuries, seeking medical treatment should be your first step. Documenting those injuries with any X-rays or scans, doctor's notes, or other proof will help strengthen your case.
- Filing a police report: Motor vehicle accidents frequently require a police report. Some other personal injury cases may require one as well. It's always a good idea to contact local police and at least attempt to file a police report regarding your injury. This adds further proof to your claim.
- Filing an insurance claim: In some cases, you can file a claim with the other party's insurance and recoup your losses through that claim. Even if the claim is ultimately denied, you may still be required to file such a claim before proceeding with any other steps. If you're not sure how to do this or if you need to do this, a personal injury lawyer can help you through the process.
- Gathering any evidence of your injuries: As previously stated, injuries can be physical, psychological, or financial. Therefore, gathering evidence of your injuries is important. This may be X-rays, imaging records, and doctor's notes. It may be notes from a therapist. It may be bank records that show your financial losses. The more evidence you can collect, the better your case will be.
- Filing a personal injury claim: If you have followed all of the other steps and not been compensated for your injuries, or the compensation is not enough, you may be able to file a personal injury Milwaukee lawsuit. It's important to note that although some cases can be settled out of court, it is possible that your case will end up in court. There are many benefits to going through the legal process, including the fact that the law provides important safeguards for those who are injured.
Do You Need a Personal Injury Attorney?
Personal injury cases can be tricky, but having an experienced attorney on your side, will ensure that you are represented properly and that your best interests are represented in court. A knowledgeable attorney can help you navigate the risks and help you get the justice you deserve. Contact Bykhovsky Law LLC today for a free consultation about your case.
