Basis of Personal Injury Claims
There are three grounds on which a person can sue for a personal injury claim in Alabama:
Negligence
Negligence is responsible for the vast majority of personal injury lawsuits. A personal injury claim is based on the failure to exercise the level of care that a person is meant to have exercised in similar circumstances. These injuries occur when a person’s negligence, or failure to behave, amounts to a breach of the duty of care.
Strict Liability
Strict liability is a common legal doctrine applied to a wide range of cases but not to every case. It is mentioned in regard to product liability, and it holds defendants liable for their actions, regardless of their intent or mental state at the time of the action, so long as a victim is hurt by that action. The tort of strict liability was created to address the gap between the conduct and harm caused by a person. This means that a person does not need to be negligent for the action to be considered the cause of harm.
Intentional Misconduct
Intentional torts arise from intentional acts perpetrated against another person. Common intentional torts include battery, assault, false imprisonment, trespass to land, and trespass to chattels.
Different Types of Personal Injury Law
There are many different ways that personal injury law is made in the United States, the most common being through state legislatures.
State Legislatures
Each state has its laws regarding personal injury created by the legislature. This means that if you are injured in a car accident in one state, the number of damages you can recover may be different than if you were injured in another state. The law is constantly evolving, so it’s important to stay up-to-date on the latest developments in your state. An experienced local personal injury lawyer can help make sure you receive the compensation you deserve.
Federal laws
A variety of laws apply to personal injury cases, both state and federal. Federal law is made by Congress, while state law is made by the legislature of each state. Engaging an experienced Hamilton personal injury attorney who understands the nuances of both types of law is essential to protecting your rights and obtaining fair compensation for your injuries.
Supreme Court Rulings
Several Supreme Court rulings have helped shape personal injury law in the United States. The most notable of these is probably Brown v. Board of Education, which overturned the “separate but equal” doctrine that had been used to justify segregation.
Our Hamilton personal injury lawyer can help to identify the person who is liable for your injuries and damages and pursue legal action against them.
Causes of Personal Injury Claims in Hamilton
The top four causes of personal injury lawsuits are:
- Car Accidents: Car accidents are the leading cause of personal injury claims in Hamilton. According to the National Highway Traffic Safety Administration, in the United States, there were 6,696,538 car crashes in 2016 alone. Of those crashes, 2,987,133 resulted in injuries, and 2230 people were killed. There are many different causes of car accidents–from distracted driving to drunk driving, but they all have one thing in common: they could’ve been prevented if one or more parties involved had made better decisions.
- Slip and Fall Accidents: Slip and fall accidents are the second leading cause of personal injury claims. In Hamilton, premises liability law generally imposes a duty on landowners and occupiers to maintain their property in a reasonably safe condition for visitors. This duty includes ensuring that any potential hazards are promptly fixed or warning visitors of dangers that can’t be immediately remedied. When someone is injured on another person’s property due to the owner or occupant’s failure to live up to this duty, the victim may be able to file a slip and fall lawsuit seeking compensation for their injuries.
- Work-Related Injuries: Work-related injuries are the third biggest category for personal injury lawsuits. There are several different reasons employees might file a personal injury lawsuit against their employer, ranging from hazardous working conditions to being asked to perform tasks outside of their job description. In some cases, employers might be aware of the potential for danger but do nothing to mitigate it; in others, they may simply be unaware of the risks involved in certain tasks. To get maximum compensation and a successful settlement for your work-related mishaps, call Mama Justice for a free case evaluation.
- Assault: Assault comprises a significant portion of all civil cases filed in Hamilton. Assault can be committed in several ways, from actual physical violence to simply making someone feel threatened or harassed. In many cases, assault is considered a crime, and the victim may file a civil suit against the aggressor. Most times, however, victims do not want to press charges or cannot afford to do so. If you’ve been the victim of assault, you may still have legal options available to you through filing a personal injury claim.
Four Types of Car Accidents that Often Result in Personal Injury Lawsuits
Many different types of car crashes can occur on the road. Still, some are more likely to result in personal injury cases than others. Here are 4 of the most common types of car crashes that often lead to personal injury cases:
Rear-End Accidents
Rear-End collisions are unfortunately quite common and often occur due to distracted driving. It results in back and neck injuries, as well as spinal cord injuries. If you’ve been the victim of a collision, it’s important to know what your options are. You may be entitled to compensation for your medical bills, lost wages, and pain and suffering. An experienced personal injury attorney can help you recover the maximum amount of damages possible. Accident victims can schedule a free consultation at Mama Justice to seek monetary compensation and file a proper insurance claim with their insurance company.
Sideswipe Collisions
There are a variety of personal injury car crashes that occur in Hamilton, but one type that is often overlooked is the sideswipe collision. This type of accident can be just as dangerous as any other, and it’s important to be aware of the dangers they pose. Sideswipe collisions cause injuries such as whiplash, internal bleeding, spinal cord injuries, punctured eardrums, and head injuries.
Rollover Accidents
Rollover accidents are one type of car accident that can be particularly dangerous. Rollover accidents occur when a vehicle tips over onto its side or roof. These types of accidents often occur when a vehicle hits a soft spot on the road, such as a patch of ice or gravel. They can also occur if a vehicle is hit by another vehicle from the side. It results in traumatic brain injury, spinal cord injury, broken bones, cuts, scrapes, and bruises.
Types of Compensatory Damages You Can Claim After a Personal Injury Accident in Hamilton
Accidents happen daily. According to a report by the Centers for Disease and Control, there are more than six million car accidents in the United States every year. Of those, nearly three million of them result in personal injury, and of those, Hamilton sees a fair share. If you’re unfortunate enough to be involved in one of these accidents, you may be entitled to seek compensatory damages from the at-fault driver. Compensatory damages are intended to make up for any losses you suffer as a result of an accident that was someone else’s fault.
Some common types of compensatory damages personal injury victims can file for include:
- Medical Bills
- Lost Wages
- Property Damage
- Pain and Suffering
- Mental and Emotional Distress
- Household Assistance
- Travel Expenses
If you would like to file for compensatory damages after a personal injury, you need to seek the legal representation of a Hamilton personal injury lawyer that works at a reputable law firm such as Mama Justice. We offer free consultations for injured victims and work hard to ensure they get the proper financial compensation for their injuries.
How Does a Personal Injury Case Work
This is a question that we get asked a lot. How does a personal injury case work? The answer may vary depending on the situation, but there are some general steps you need to take if you want to file a personal injury claim.
- Report the Incident to Your Employer as Soon as Possible: If your injury occurred while you were at work, it’s important to report the incident to your employer as soon as possible.
- Seek Medical Attention for Your Injuries: You need to seek medical attention for your injuries as soon as possible, even if they seem minor at first. This is important for two reasons: first, to ensure that you get the treatment you need; and second, because your medical records will be essential evidence in your case.
- Gather All Evidence Related to Your Case: It is important to gather all evidence related to your case. This may include things like photos of the scene of the accident, police reports, and eyewitness testimony. By working with a Hamilton personal injury lawyer, you can ensure that your rights are protected and that you get the compensation you deserve.
- Reach out to a Personal Injury Attorney: You need to reach out to a personal injury lawyer who can help evaluate your claim and determine what action needs to be taken next.
Wrongful Death Claims
When a death occurs due to the negligent or wrongful actions of another, the surviving family members may be able to file a claim for damages. These claims are known as wrongful death claims.
Wrongful deaths happen every day – in car crashes and at work. And when they happen, the deceased’s family members are left to pick up the pieces. If you have lost a loved one due to someone else’s negligence or wrongdoing, you may be able to file a wrongful death claim against the responsible party.
These claims can be complex, but an experienced personal injury lawyer can help you navigate them and get the compensation you deserve. Our law firm boasts of experienced Hamilton personal injury lawyers who will help you navigate the legal process and fight for the justice and compensation you deserve.
Let Mama Justice Help You Get the Compensation You Deserve
Mama Justice has been handling claims for all sorts of injury cases, ranging from car crashes to slip-and-fall incidents. Our law firm has experienced personal injury attorneys that can help you seek compensation and file insurance claims. Our Hamilton personal injury attorneys provide detailed, personalized advice based on their intimate understanding of the law and their exhaustive research into similar claims. The knowledge they gain from your consultation will allow them to develop a strategy that will protect your interests and get you a settlement that reflects the extent of your injuries. Contact our Hamilton personal injury lawyers for formal legal advice and a free case review today by calling (888) 484-1476.
