Have you sustained personal injuries at the hands of nobody?
Perhaps it was a factory machine in operation, poorly designed, a drug not properly vetted, or defective medical equipment. Although you’re suing nobody, a company, organization, or agency is to blame for your injuries, and no doubt you’re seeking remedies.
But what about personal injury cases? It’s relatively easy to gather the evidence and even “sell” your case to a jury or judge, but other factors must be considered.
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Pre-Existing Injuries
In a personal injury case, injuries or conditions that were there before the accident can be very important. When a person has a condition before the accident, it can be hard to tell which injuries were caused by the accident and which were there before.
The insurance company for the defendant could say that the plaintiff’s injuries were not caused by accident but by a condition they already had. It’s important to have medical records showing how bad the accident-related injuries are and how they differ from those before the accident for your injury claims.
Contributory Negligence
In some states, a plaintiff may not be able to get any compensation if they were in any way to blame for their injury. Contributory negligence is a legal defense used by the person being sued to say that the person who was hurt was partly to blame.
If the plaintiff’s actions were thought to have caused some of their injuries, the defendant might not have to pay any damages. If you’ve been injured due to someone else’s negligence, it’s crucial to work with an experienced personal injury attorney who can help you navigate the complexities of your case. Contact Big Bike Law today to get a free case review!
Statute of Limitations
The statute of limitations is a law that says a person has a certain amount of time to file a lawsuit for personal injury. Each state has different rules about how long you must file a lawsuit. A plaintiff must meet the deadline to be able to pursue their case. It’s important to know your state’s statute of limitations and act before the time limit runs out.
Non-Economic Damages
Damages that aren’t related to money, like pain and suffering, emotional distress, and inability to enjoy life as much, can be very important in a legal case. Damages that cost money, like medical bills and lost wages, are often easier to figure out.
Damages that don’t cost money, like pain and suffering, are harder to calculate. When figuring out how much a personal injury case is worth, it’s important to consider all types of damages to ensure the plaintiff gets fair compensation.
Future Damages
In some cases, the full extent of a plaintiff’s injuries may not be known at the time of settlement or trial. It’s important to consider the possibility of future medical expenses, lost wages, and other damages when valuing a personal injury case. An experienced attorney can work with medical experts to determine the potential long-term effects of the injury and ensure that the plaintiff receives fair compensation.
Be More Vigilant in Personal Injury Cases
It is important to remember that many factors may contribute to personal injury cases. Don’t overlook any details, no matter how small; they can often be the key to a successful case. Get informed and consult a qualified legal professional to ensure you’re getting the best possible outcome.
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