When you or your loved one has been injured due to the negligence or recklessness of a third party, you have the right to seek justice and compensation. Such cases can be litigated through civil court and decided by a jury or settled out of court before any lawsuit is filed.
Reach out to a knowledgeable Wanatah personal injury lawyer at The Law Offices of David W. Holub to discuss your case today.
Common Types of Personal Injury Claims
Many different types of incidents fall under the general umbrella of personal injury law in Wanatah. Some common cases include:
Automobile Accidents
Car crashes are the most common grounds for personal injury claims. They usually involve proving that the other driver was negligent, such as by driving recklessly, driving under the influence, or failing to follow well-established traffic laws.
Slip and Fall Accidents
Slip and fall accidents occur when property owners do not safely maintain their premises and, as a result, injure others.
Medical Malpractice
Medical malpractice happens when those in the medical field—medical providers, doctors, nurses, hospitals—fall short of accepted standards of care, and a patient is injured or even dies as a result of their negligent actions.
Workplace Accidents
Workplace accidents occur when employees are injured on the job due to unsafe working conditions, inadequate training, or employer negligence. These incidents can result in significant injuries and may entitle workers to compensation for their losses.
Product Liability
A person injured by a defective or dangerous product can file a product liability lawsuit to hold the distributor, manufacturer, or retailer liable.
Steps To Take in a Personal Injury Case
The first step of the claims process is to discuss the specific details of the case with a seasoned Wanatah personal injury attorney. Our proactive legal team will then gather all sorts of evidence during this stage, including:
- Medical records
- Accident reports
- Police statements
- Witness statements
Following the collection of evidence, a demand letter may be sent to the at-fault party or their insurance company before filing a lawsuit. The letter will detail the injuries as well as the costs and compensation sought.
If the case is not settled outside of court, then our lawyers will initiate a formal lawsuit. The litigation process involves discovery, depositions, and possibly a trial. If the case is brought to trial, both sides have the opportunity to present evidence and argument to a judge or jury, who will then decide the outcome.
Damages in Personal Injury Cases
The purpose of a personal injury suit is to compensate an individual who has suffered an injury due to a third party’s negligence, reckless conduct, or intentional actions. The type of compensation awarded by a judge or jury is determined based on the specific circumstances surrounding the case and the type of injuries sustained. Compensation can be in the form of:
- Lost wages
- Property damage
- Punitive damages
- Pain and suffering
- Emotional distress
- Past and future medical bills
- Loss of consortium and loss of services
A loss of consortium claim seeks to compensate a family member for the loss of support, companionship, and affection due to the injury or death of a loved one. This legal theory recognizes that when an individual is injured due to the negligence or intentional conduct of another, their family members also suffer significant losses beyond just monetary damages.
Statute of Limitations
A statute of limitations is a designated time limit when an injured party may bring a lawsuit. The purpose of the statute is to promote fairness and speed in the legal system by precluding parties from delaying legal action indefinitely.
In Wanatah, the statute of limitations for personal injury claims is usually two years from when the accident causing the injury occurred. However, there may be some exceptions to this rule, such as when the victim is a minor or if the injury was not immediately discoverable.
Reach Out to a Wanatah Personal Injury Lawyer Today
An experienced Wanatah personal injury lawyer from our firm could make sure that your rights are protected and that your interests are served throughout the legal process. Working with a skilled attorney at The Law Offices of David W. Holub gives you the peace of mind that your case will be handled with the utmost professionalism, allowing you to focus on your recovery. Call today to book your introductory case consultation.