Q What Is Personal Injury Exactly?
Personal injury is the legal term for damages to a person’s physical or emotional well being, as opposed to property damages. Personal injury is typically caused by someone’s negligence or incompetency, and a victim who is harmed by this person’s negligence may be entitled to monetary compensation.
For example, if your landlord failed to maintain or repair an elevator properly in your building and you were injured (physically or emotionally) as a result of an accident, you could file a personal injury lawsuit. Other examples include medical malpractice, road traffic accidents, or product defect accidents.
Basically, if you've suffered physical, emotional, or even financial hardship that should or could have been prevented by someone else, you may have cause to file a personal injury lawsuit and be compensated for your loss.
In order to be compensated, you need to prove the person or company that caused your injury is at fault. This may be because they failed to take proper precautions, didn’t follow a legal obligation, or allowed a dangerous environment and you were injured as a result.
A personal injury case is started as a claim, and isn't a formal lawsuit. Claims often reach an informal settlement out of court. The settlement is negotiated between both parties (often involving insurance companies and lawyers).
If a settlement can't be resolved through the negotiation process, then you may have to file a lawsuit. After filing suit, the parties involved often still settle out of court.
Once settled, the victim will receive the agreed upon compensation in exchange for ending the claim and all future lawsuits related to the same injury.
Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation.