When a business’s negligence leads to your injury, the aftermath can be overwhelming, leaving you to navigate a complex legal landscape. If the injury occurred on a business premises or was caused by a business’s actions, you may be entitled to compensation. According to the Insurance Journal, personal injury claims account for a third of all litigation cases against businesses in the US.
Understanding Negligence in a Personal Injury Case
According to an Encinitas personal injury attorney, Daniel Petrov, negligence is a key factor in determining liability in personal injury cases. A business is considered negligent if it failed to exercise reasonable care, resulting in harm to you. For instance, if a grocery store neglected to clean up a spill, leading to you slipping and injuring yourself, that could constitute negligence. Shockingly, slip and fall accidents account for over 1 million hospital visits per year in the United States. And, according to the National Floor Safety Institute, slip and fall accidents cost businesses over $13 billion annually.
Proving Liability in a Personal Injury Case
To successfully sue a business for personal injury, you must establish that the business owed you a duty of care, breached that duty, and that breach directly caused your injuries. Gathering evidence, such as photographs, witness statements, and medical records, is crucial. It’s worth noting that in the U.S., over 95% of personal injury cases are settled out of court.
Types of Personal Injury Cases
Personal injury cases against businesses can take various forms, including:
- Slip and Fall Accidents
- Premises Liability (e.g., inadequate security, hazardous conditions)
- Product Liability (e.g., defective products)
- Medical Malpractice
Interestingly, the third leading cause of death in the U.S. is injuries from medical malpractice.
Statute of Limitations of a Personal Injury Case
Each state has a statute of limitations, which is a time limit for filing a personal injury lawsuit. In most states, the statute of limitations ranges from one to three years from the date of the injury. However, failing to file within this time frame could result in your case being dismissed. It’s worth noting that the statute of limitations is often shorter for claims against government entities.
Calculating Damages of your Personal Injury Case
If you prove the business’s liability, you may be entitled to compensation for various damages, including:
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Emotional Distress
Did you know that the average personal injury settlement in the U.S. is around $31,000?
The Role of a Personal Injury Attorney
While it’s possible to represent yourself in a personal injury case, having an experienced personal injury attorney can significantly improve your chances of success. A personal injury lawyer can help gather evidence, navigate the legal process, negotiate with insurance companies, and represent you in court if necessary.
Alternative Dispute Resolution for Your Personal Injury Case
Before proceeding to court, many personal injury cases are resolved through alternative dispute resolution methods, such as mediation or arbitration. These processes can be faster and less expensive than traditional litigation. Interestingly, studies have shown that personal injury cases resolved through mediation have a higher satisfaction rate among plaintiffs.
Protecting Your Rights
If you’ve been injured due to a business’s negligence, it’s essential to protect your rights. Keep detailed records, seek medical attention, and consult with a personal injury attorney to understand your legal options. Remember, personal injury lawsuits not only aim to compensate victims but also serve as a deterrent, encouraging businesses to prioritize safety and prevent future incidents.
