Personal Injury Lawsuit Basics

by | Apr 4, 2013 | Lawyers

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If you have been caused harm physically, emotionally or commercially by another party, you may be able to file a personal injury lawsuit. This is a legal claim made in civil court seeking monetary compensation from the responsible party for your injury. Personal injury lawsuits are not limited to automobile accidents or slip and fall lawsuits, as some people think. There are actually five types of injuries: premises liability, product liability, medical malpractice, automobile accidents and burn injuries. While you can file a personal injury lawsuit without a lawyer, those who hire a professional personal injury attorney in Frederick to do so are typically more successful.

A personal injury attorney in Frederick has extensive knowledge of personal injury laws. He or she can objectively evaluate your case and determine the best strategy, whether it is seeking a settlement or arguing it in court. Your injury claim will automatically gain more value when you hire a lawyer as they are skilled negotiators. They know what fair amounts of compensation are for each or the various types of personal injury and are skilled negotiators. Without this knowledge, insurance companies are likely to try and take advantage offering settlements that are less than you are entitled to.

In order to win a personal injury lawsuit, your personal injury attorney Frederick must show enough evidence to prove that the defendant’s negligence caused your injury, you are owed duty of care for that injury and that the defendant failed to fulfill that duty.

There are two different types of compensation that you may be entitled to. Your personal injury attorney in Frederic can advise the type(s) and amount to ask for. The first type is referred to as compensatory damages. This refers to monetary compensation to cover expenses that arise directly from the harm. These expenses may include but are not limited to as medical expenses, lost wages and benefits, loss of privacy, defamation of character and emotional distress. The second type of compensation is called punitive damages. This purpose of this type of compensation is not pay you for your losses, but rather to punish the defendant for immoral behavior and deter them from performing such actions in the future. Punitive damages are not rewarded very frequently, although it may seem as if they are due to the added publicity of high-profile cases.

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