When you have been injured in an accident or incident that happened because of the negligence of another party or parties, the law says you are entitled to pursue damages against those responsible for the losses that you have suffered because of those injuries.
What Is a Personal Injury Claim?
The purpose of a personal injury claim is to make the victim “whole” again, the theory being that if not for the other party’s negligent action or behavior, the victim would not have been injured and would not have suffered losses.
There are many types of accidents/incidents where a victim can file a personal injury claim including vehicle accidents, premises liability, medical malpractice, and defective products injuries. The process of pursuing damages will depend on what type of accident occurred.
For example, if victim is injured in a car accident caused by another driver, they will likely file a claim against that driver’s insurance company. If the victim was injured in a slip and fall accident at a shopping mall, then the claim would likely be filed against the property owner’s insurance company, and so forth.
In many cases, the insurance company will try to settle the claim with the victim. If no agreement can be reached, the claim then becomes a personal injury lawsuit and is litigated in a civil court of law, with the final decision of liability and monetary award decided by a judge or jury.
The usual damages that are awarded to accident victims include medical expenses, loss of wages, pain and suffering, and emotional anguish. However, there are also many accident claims/lawsuits where the victim has suffered permanent damage or disability, resulting in even more substantial losses that the victim is entitled to be compensated for.
An example of this type of compensation would be a victim who is left paralyzed and so their home requires major modifications in order for the victim to be able to function, such as wheelchair ramps, widened doorways, lowered counters, and other handicapped accessible renovations. Under many states’ tort law, the at-fault party could be held liable for these expenses.
But what happens if the victim lives in a home where those renovations are impossible? Maybe they do not own the property and the landlord does not want these types of renovations to be made. Or maybe they live on the second or third floor with only stairs to gain access to their home. If the victim is forced to move as a direct result of their injuries, then their personal injury attorney can pursue the costs needed for that move against the negligent party.
Another example where the at-fault party may be responsible for the victim’s moving expenses is in the case of a victim who has been sexually assaulted where they live and it has been proven that the property owner was negligent in security at the location, resulting in the assault. If the victim is too afraid to live at the location then the property owner can be held responsible for those moving expenses.
Contact a Personal Injury Attorney
Personal injury cases can be complicated and require the legal expertise of a skilled and experienced attorney. If you have been injured in an incident that resulted because of the negligence of someone else, contact injury lawyers Charlottesville VA frequently relies on to find out what type of damages you may be able to seek. Call today.
Thanks to our friends and contributors from MartinWren, P.C., for their insight into personal injury.