You might think that your personal injury case is standard and that everything you endure throughout the process will be the same for everyone else. However, each personal injury case is unique in its own way and you might find that with this comes unique challenges that you will have to face along the way. Today, we want to answer questions that many people think are “obvious” in these types of cases. In doing so, you can get a better idea of what to expect when it comes to your case.
What is a personal injury? Personal injuries encompass any injuries that take place and impact a person’s body or mind. These include aspects like intentional torts, unintentional torts, and strict liability.
How is negligence proven in the event of a personal injury? To prove negligence in your case, you, as the plaintiff, must be able to show that the defendant owed you a duty of care, breached this duty, and the breach was the cause of the injuries. If you want to show that negligence took place, you will have to collect evidence in your case to present to the court. You might have witnesses who can testify on your behalf or photographs showing the accident scene, for example.
If I intend to bring a personal injury claim, what steps should I take? Of course, one of the best ways that you can preserve your case is to seek medical assistance so that the damages you actually sustained damages in the event of an accident can be recorded and treated. You should also collect solid proof that you sustained certain injuries, through aspects like photographs, witness information, and insurance documents.
What type of damages should I expect? There are two types of compensatory damages in a case, both general and specific damages. General damages are given based on aspects like the severity of your injuries, pain and suffering, future medical prognosis, and any pre-existing injuries that have been sustained. Specific damages, on the other hand, cover past and future lost wages, medical bills, and other costs that can be seen.
What do I need to know about punitive damages? Many cases involve what are known as punitive damages, which have a goal of punishing the defendant for their especially-malicious conduct. These are unlike compensatory damages, which work to make the plaintiff feel whole again after they have been injured. In cases of intentional harm, you might find the use of punitive damages.
Should everyone have a personal injury attorney? If you feel as if you might miss important steps or you have sustained extremely serious injuries, it might be time to speak with a personal injury attorney who is knowledgeable in the laws that surround your accident and can assist you in your time of need.
Turning to an Experienced Attorney
At Katz, Kantor, Stonestreet & Buckner, our experienced and dedicated personal injury attorneys are here for you in the midst of many different types of cases, including those involving West Virginia car accidents, truck accidents, pedestrian accidents, and more. We have helped many clients work toward the awards they deserved following one of the most difficult experiences of their lives. If you have been injured, look no further and invest in the help of a dedicated, compassionate attorney. We are waiting to hear from you at (304) 713-2014.