An estimated 400,000 personal injury lawsuits are filed each year in America based on information from the legal sector. These cases range from car accidents and medical malpractice to work-related accidents and dog bites. Personal injuries can range from mild with temporary repercussions to severe with lifelong consequences for victims. 

Personal injury cases can be particularly complex. Proving exactly who is at fault and to what extent is often difficult. Building a strong case requires extensive research and definitive evidence. No two cases are exactly the same, either, which further complicates this field of law. Regardless of the cause of a personal injury, its extent, or the circumstances surrounding a case, all victims have certain fundamental rights. 

The Right to Legal Representation

For one, victims have the right to legal representation. They can hire an attorney of their choosing who has the knowledge, experience, and resources to handle their case. Hiring an attorney, such as those with Gauthier & Maier Personal Injury Law Firm, gives victims dedicated legal representatives who will work on their behalf to ensure they receive the justice and compensation they deserve. 

The Right to Seek Compensation

Additionally, personal injury victims have the right to seek compensation. Several types of compensation come into play, and they fall under two main categories: economic and non-economic damages. Economic damages include medical bills stemming from the injury. They also include lost wages due to time missed from work. In cases where an accident causes long-term injuries or leaves a victim unable to return to the job they had before the injury, they can seek compensation for future income. They may be entitled to compensation for the loss of their retirement benefits as well. 

Economic damages also cover property damage. That may include the cost of repairing a vehicle or a home. It can also involve the cost of replacing a variety of personal belongings depending on the circumstances of the case and the losses the victim incurred. 

Non-economic compensation is a bit different. This category covers pain and suffering, loss of companionship, emotional distress, and other intangible factors. Factors like these aren’t always easy measure in terms of monetary value, and not all non-economic damages apply to every case. 

The Right to Reject Settlement Offers

Victims also have the right to reject settlement offers. In many instances, insurance companies or the people responsible for a victim’s injuries may offer settlements to keep their cases from going to trial. Those offers tend to fall well short of victims’ needs, though. When they do, victims can turn them down without waiving their right to compensation. From there, their legal representatives can negotiate or take the case to trial to ensure they get fair compensation. 

The Right to Appeal

Not all personal injury cases reach the outcomes victims hope for. When that happens, often because of insufficient evidence, an error in legal judgment, or procedural mistakes, victims have the right to appeal. That entails taking the matter to a higher court and explaining why the original judgment was wrong. Sometimes, that can lead to more favorable compensation for victims. 

Ensuring Your Rights Are Upheld After a Personal Injury

Personal injuries come in many forms and from an array of causes. No two cases are exactly the same, and some can be far more complicated than others. Still, all personal injury victims have certain basic rights. Those listed here are some of the most crucial, but a few others may also enter the mix depending on the circumstances at hand.