• Physical injuries are common and can have long-term consequences.
• Negligence is a common cause of physical injury; victims can sue for compensation.
• The statute of limitations varies from state to state and depends on the type of lawsuit.
• Product liability laws protect consumers from defective products that can cause injury.
• Joint liability applies when multiple parties are responsible for an injury.
Car accidents, workplace injuries, and slip-and-fall incidents are just a few factors contributing to physical injuries. These injuries can have long-term consequences, altering a person’s quality of life. In such cases, it’s essential to understand the laws and regulations that exist to protect individuals and ensure that they receive adequate compensation. Whether you’re a victim of a physical injury or someone seeking legal advice, this article will provide a comprehensive guide to the physical injury laws you need to know.
Number of Physical Injuries in the U.S.
Physical injuries can happen at any time. There are estimated 224,000 deaths related to unintentional injuries each year in the United States. Of these deaths, 37 percent are attributed to motor vehicle accidents, 29 percent to falls, and 16 percent to poisoning. According to the Centers for Disease Control and Prevention (CDC), one in four adults reports a yearly physical injury resulting in an emergency room visit. Knowing the laws surrounding it and how you can deal with it is essential.
Negligence
Negligent behavior is one of the most common causes of physical injuries. According to the law, when a party fails to take reasonable care, they are held responsible for any harm caused. Negligence can take many forms, including a failure to maintain property, medical malpractice, and reckless driving. If you’ve been physically injured due to the negligence of another party, you have the right to sue them and receive suitable compensation.
Statute of Limitations
If you’ve been injured physically, you must file a lawsuit within a specified timeframe. If this deadline passes, you forfeit your right to sue for compensation. The specifics of the limitations period vary depending on the state and type of lawsuit. However, in most cases, you have up to two years after the injury has occurred to lodge a lawsuit.
Product Liability
Often, physical injuries can occur from using defective and dangerous products. Producers are responsible for ensuring that their products are safe and have proper warning indications for any possible threats. If a manufacturer’s actions or inactions result in your physical injury, you may be eligible to receive compensation.
Joint Liability
If multiple parties may be responsible for your physical injury, you can file a lawsuit against each. Each party will bear a portion of the fault and receive relative compensation in such instances. Joint liability is usually applied in careless driving cases that result in the death or injury of a pedestrian.
Comparative Fault
When the injured party is partly to blame for their physical injury, the law applies the comparative fault rule. This means that the compensation will be reduced according to the percentage of the damage caused by the victim’s negligence. For instance, suppose a pedestrian was walking on the road despite a red light, and a driver hit them. In that case, their compensation would be reduced according to the percentage of fault allocated to them.
How to Deal With Physical Injury Accidents
Now you know the laws that cover physical injuries and how you may be eligible for compensation. Here are some things you need to deal with these situations.
Know a Legal Professional
It’s vital that you know a legal professional to help you. You can visit various websites like aminovlawgroup.com to check their services. They should be able to provide you with expert advice and legal representation if necessary. Furthermore, an experienced attorney should be able to negotiate a favorable settlement with the insurance company if applicable.
Document Everything
If you’ve been injured, make sure to document everything related to the incident. Take photos of the scene and keep any evidence that could prove your case. This includes medical records, police reports, and witness statements. These will be useful if you decide to file a lawsuit.
Seek Medical Attention
You must seek medical attention immediately after suffering from a physical injury. Your health should be your top priority; the medical report will be necessary if you file a lawsuit.
Physical injuries can have significant repercussions on an individual’s quality of life. Nevertheless, understanding the laws related to physical injuries and taking the proper steps can help you with your rights and receive adequate compensation. Once you’ve taken these steps, you can be sure to get the justice you deserve.