Image source: Pexels
No one expects an accident, but when it happens, understanding your legal rights becomes crucial. Navigating the complexities of personal injury claims ensures you secure the compensation and justice you deserve.
So, here are five of the top legal rights every injured party should know about.
- The Right to Pursue Compensation for Medical Expenses
Understanding your right to compensation for medical expenses is crucial if you’re injured in an accident, such as a car accident. This covers costs like hospital stays, surgeries, therapy sessions, medications, and any ongoing care required due to the injuries sustained.
When both drivers share blame in an accident – referred to as comparative negligence – each may still be entitled to compensation proportionate to their degree of fault.
For instance, if you are 30% responsible while the other driver is 70% liable, you can recover up to 70% of your damages from them.
State laws greatly impact how these rights play out. In some states (like California and New York), with pure comparative negligence rules, you can seek damages regardless of your percentage of fault. However, states with modified systems may only allow claims if you’re less than 50% at fault.
Sometimes accidents involve defective cars (which are probably protected by lemon laws). In these situations, multiple parties could bear liability – from manufacturers failing safety standards down through distribution chains.
Make sure you consult a personal injury lawyer in your local area after being injured in an accident, as they will be able to provide you with expert legal advice and assist you in pursuing compensation.
And if your accident was due to a defective vehicle covered by state lemon laws, again, contact a lawyer who has expertise in that legal area, such as these lemon law attorneys in Los Angeles County.
- The Right to Seek Pain and Suffering Damages
Beyond tangible costs like medical bills, injury claims often include compensation for pain and suffering. This encompasses physical discomfort, emotional distress, and the impact on your quality of life.
Calculating these damages can be subjective; however, legal representation helps assess appropriate compensation based on case specifics.
Whether you suffered due to a car accident or another incident like a slip and fall or workplace injury, understanding this right ensures you’re compensated for both visible and invisible wounds affecting daily living.
Different injured parties should recognize that pain and suffering calculations vary widely depending on factors such as jurisdictional standards and the severity of injuries.
Expert legal advice can guide how best to document these non-economic damages.
- The Right to Punitive Damages in Certain Cases
In certain situations, you can pursue punitive damages. These go beyond compensating for losses and aim to penalize the wrongdoer for particularly reckless or malicious behavior.
Such cases might involve intentional harm or extreme negligence, like a defective product causing injury due to ignored safety protocols.
Punitive damages serve as both deterrent and punishment.
Different injured parties should know that eligibility varies significantly based on state laws and case specifics. Consulting with a legal expert helps clarify whether your circumstances meet the criteria for pursuing punitive claims.
- The Right to Legal Representation of Your Choice
Choosing your legal representation is a fundamental right in personal injury cases. Having the right lawyer means tailored advice, strategic planning, and personalized advocacy during negotiations or trials.
It’s important to research attorneys’ expertise in relevant law areas, track records, and client reviews. Selecting a lawyer experienced with similar cases enhances your chances of achieving favorable outcomes.
- The Right to Reject Initial Settlement Offers
Lastly, in personal injury cases, the first settlement offer from an insurance company often undervalues your claim. You have the right to reject it if you feel it’s insufficient.
Initial offers may not fully cover medical expenses, lost wages, or pain and suffering. Rejecting a lowball offer opens the door for negotiation towards fair compensation.
Engaging with skilled legal counsel can bolster your stance by providing evidence-backed valuations of your claims and ensuring that settlement discussions accurately reflect all incurred damages.
