When you get hurt in an accident, whether it’s a car accident, slipping and falling in a parking lot, getting hit by falling debris on a construction site or any other incident that’s not your fault, you deserve compensation for your injuries. Many people, however, don’t pursue these cases because they don’t think their injury qualifies.
The truth is, any time you get hurt and it’s not your fault, you may have a case to collect damages, especially if your injuries are severe enough. Explore exactly what a personal injury case is, how these sorts of claims proceed and why you need the help of a personal injury attorney to get a settlement.
What Is a Personal Injury Case?
A personal injury case arises whenever someone gets hurt in an incident that is someone else’s fault, and occurred due to the other person acting in a reckless or negligent manner. In these cases, the person that caused the injury is responsible for the harm they’ve caused. They have to pay for the medical bills, lost wages and personal damages suffered by the accident victim.
Pursuing these claims, either in court or through other legal channels, is what constitutes the case for personal injury. The various types of injury case can include, but may not be limited to:
- Vehicle accidents
- Medical malpractice
- Dog attacks
- Defective product cases
- Construction accidents
- Premises liability/Slip and fall
- Boating accidents
- Workplace accidents
- Wrongful death cases
Proving Negligence
Negligence is the primary factor in almost every personal injury case. A lot of people think that negligence just means someone was being careless, but it’s a lot more than that. In terms of personal injury, you have to prove several factors to establish negligence and be eligible.
First, you must prove that the defendant was acting in a manner contrary to the way a reasonable person would act in a given circumstance—they were reckless, grossly irresponsible or deliberately malicious. Second, you must prove that there was an accident that resulted from this behavior. Finally, you must prove that you were injured as a direct or proximate cause of this accident, and that your injury was serious enough to cause you significant financial harm.
Compensation for Injuries
If your injury is serious enough, you may be entitled to compensation for the injuries you’ve suffered. This can include getting repaid for your medical bills, past, present and future; for your lost wages, and potential loss of future compensation; for your emotional trauma, pain and suffering; for loss of consortium and damage to personal relationships; for damage to your quality of life; and in some extreme cases, even punitive damages.
However, the insurance companies involved don’t make a profit from paying out settlements. They’ll go to great lengths to avoid payouts, including blaming you for the accident. You need the help of an experienced personal injury attorney to pursue damages for your San Francisco area accident.
If you have been hurt in an accident and it was someone else’s fault, the Gruber Law Group can help. Give us a call for more information and a free evaluation of your case today.
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