personal injury law

Personal Injury Law 101: How to Win the Case and Get Compensated!

16 March 2021
Last Modified Date: 18 October 2024

Have you been searching for information about personal injury law and everything related to it? If yes, then you have reached the right place. Unexpected incidents frequently occur in life. Furthermore, these unforeseen circumstances might occasionally result in significant injury.

Personal injuries, whether from a medical error, a car accident, or a slip and fall, can be disastrous and drastically change one’s life. However, you don’t have to face the consequences all by yourself.

Personal injury law aims to uphold your rights and help you get just compensation. Moreover, you may hold careless parties responsible for the damage and get the assistance you need to start over with the correct legal representation.

This article will review the specifics of personal injury law, including navigating the court system and knowing your rights. So, keep on reading this blog till the end to learn more…

What Does The Term Personal Injury Law’ Mean?

What Does The Term Personal Injury Law’ Mean

Personal injury law,  or tort law, allows an injured person to sue the person or group of people responsible for his/her injury. Basically, it will enable the plaintiff to file a civil lawsuit for the damages incurred from the accident.

The main reason there is a provision for personal injury law is simple. With this law, it is ensured that the plaintiff is compensated financially for the damages and losses incurred due to someone’s negligence or purpose.

What Comes Under Personal Injury?

Personal Injury

Down below are the occasions that come under personal injury. 

1. Defamation

When a person says something that harms the reputation of another person, it can come under personal injury. Defamation is one of the prime occasions where personal injury laws can be applied.

2. Accidents

Personal injury law is applicable when a person meets with an accident due to someone’s fault. There are a lot of variations in it, like slip and fall accidents, medical malpractices, car accidents.

3. Defective Products

You can claim for personal injury when you receive some defective products, the use of which can cause harm to you. Defective products may include consumer products, vehicle components, pharmaceutical products, and medical devices.

4. Acts On Purpose

Personal injury law also applies when the plaintiff is harmed intentionally by the act of the defendant. 

Working Process Of Personal Injury Law

You might think that the working process of the trial in the case of this law is complicated. However, that is not really the case. These are the steps that are followed in case of almost every personal injury case:

1. Defendant Injures The Plaintiff

This is the first step where personal injury law comes into play; this can include anything that the defendant has done to cause injury to the plaintiff.

In this part, the plaintiff ensures that the defendant has not formed his legal duties like drinking and driving or carelessly driving.

3. Settlement

This is the part where they talk of settlements. Cases usually go to court, but outside court settlements are also possible. 

How to Win a Personal Injury Law Case?

How to Win a Personal Injury Law Case

If you’ve been injured and want to sue the person or company responsible, you must prove they were at fault. This means that your personal injury lawyer needs to show that the defendant failed to meet their responsibility to keep you safe, such as driving carefully or making safe products.

Additionally, your lawyer also needs to show that the defendant’s actions (or lack of action) directly harmed you and caused you losses, like medical bills or lost wages.

Moreover, it’s their job to provide evidence that proves your injuries and shows the other party was liable. Your lawyer will help you gather this evidence and build a strong case.

simply put, the goal is to show that, more likely than not, the other party was responsible for your injuries and should compensate you for your losses. And once that is done, there is no way that you are not winning the case.

Five Things To Keep In Mind Before Selecting A Personal Injury Lawyer

Selecting A Personal Injury Lawyer

You should keep these things in mind while selecting a personal injury lawyer. You should make sure you take these vital steps very seriously.

1. Conduct Your Prior Research

While selecting a personal lawyer, you need to do your prior research. In this digital day and age, you can google and read everything related to personal injury law. You can choose a personal injury lawyer by searching for the best personal lawyer. Make sure you check the reviews and ratings of the law firms on Google. If the ratings and reviews are positive, only then proceed with them. 

Renowned lawyers always have LinkedIn profiles and websites. Read the testimonials of other clients. It will help you understand if the personal injury lawyer is dependable or not.

2. Check If They Have Prior Experience In Handling Personal Injury Cases  

Only select lawyers that have prior experience, expenses are the single most important factor while dealing with personal injury cases. Since asking claims for personal injury is a little tough, you need to make sure that the lawyer of your choice has prior experience in handling personal injury cases.

You would not want a newly graduated lawyer to handle your personal injury case. You should also ensure that your personal injury lawyer specializes in personal injury law.

3. Check The Success Rate Of The Lawyers

Checking the success rate of your lawyer is very important since it is going to determine the probability of success in your case. Do not shy away from asking his/her success rate in handling cases that are similar to yours. 

So it is essential that you explain your case to the lawyer as properly as possible. Do not forget to mention all the little details. If you see that she had very little to no success in handling such cases, then I would suggest you look elsewhere.  

4. Check The Lawyer’s Reputation

A lawyer’s reputation is everything. It is important because it reflects his depth of knowledge in personal injury law and his expertise. 

When the defendant finds out that his personal injury is a reputed one, it will automatically put him on the back foot because he’ll know that he has to battle it out with one of the best in the business.  

5. Interview As Many Lawyers As Possible

Do not keep your choices restricted—interview as many lawyers as possible. I would suggest you interview at least ten lawyers that specialize in personal injury law. When you interview many lawyers, you will find out the one who is the best for you. 

Remember that a lawyer genuinely needs to be invested in your case. If he already has a lot on his plate, do not select him. Select someone who treats you like a friend and acts like a professional in a court of law. 

Bonus: Best Personal Injury Lawyers in the US Right Now!

Best Personal Injury Lawyers in the US Right Now

Did you think that I  was going to leave you hanging without giving you a list of the lawyers that you should have lost? Absolutely not!

Here are some of the best personal injury lawyers that you must know about:

1. Ben Rubinowitz

  • Location: New York City
  • Address: 80 Pine Street, 34th Floor, New York, NY 10005
  • Contact: (646) 846-4028

2. Carol L. Forte

  • Location: New Jersey
  • Address: One Main Street, Chatham, NJ 7928
  • Contact: 973-635-5400

3. Brian Panish

  • Location: Southern California
  • Address: 11111 Santa Monica Blvd, Suite 700, Los Angeles, CA, 90025
  • Contact: 310-477-1700

4. John V. Phelps

  • Location: Arkansas
  • Address: P.O. Box 3077, Jonesboro, AR 72403
  • Contact: 70-932-0900

5. Janes T. Scime

  • Location: New York (Upstate)
  • Address: 42 Delaware Ave, Suite 120, Buffalo, NY 14202
  • Contact: 716-849-1333

6. Irvin V. Cantor

  • Location: Virginia
  • Address: 7130 Glen Forest Drive, Suite 400, Richmond, VA, 23226
  • Contact: 804-358-3804

Final Thoughts

So, there you have it. In case you have been injured as a result of someone else’s negligence, there is no need for you to face the consequences alone. Your personal injury lawyer will be your advocate for doing so.

Moreover, they are the ones who will help you ensure that you get your just compensation. They will help you fight for your rights.

Considering the fact that insurance companies you might have to complain against will always have attorneys ready for them, it is best to ensure that you do have someone strong defending your case.

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