Personal injury lawsuits are claims brought to court for actual physical, mental and/or emotional harm suffered. These are not to be confused with other tort actions, such as breach of contract or damage to property that doesn't include suffering harm to oneself. You can be in a car accident and bang up your fender. You can even total your vehicle without personal injury (darn miraculous, but it happens). A personal injury claim must be substantiated by medical reports and bills proving that the incident caused or greatly aggravated physical, mental and/or emotional suffering.
What are some examples of incidents of personal injury for which you may wish to consider a lawsuit?
- Vehicular accidents
- Medical malpractice
- Work injury
- Slip and fall
Realistically breaking it down, what is the number one factor for seriously considering a lawsuit after one of the above occurs? Insurance coverage.
Did the person who hit you have insurance coverage on his vehicle? If not, do you have uninsured coverage yourself? (I will discuss the importance of uninsured/underinsured insurance coverage in later articles, stay tuned.)
Does your employer carry workers' compensation insurance?
Does the owner of the property where you fell have insurance?
If you suffer personal injury and the responsible party has no insurance coverage, sure you can still sue them. But while it may even be possible to prevail on a personal injury claim in court against an uninsured party, what is there to collect?
Part of an attorney's job in handling personal injury claims is to explore insurance coverages available. Consult with an attorney if you have suffered harm and he/she can advise what your options are. Your attorney may unearth existing insurance when you believed there was none.
Talk to an attorney concerning personal injury as soon as possible. It's best to begin the research process even if you're unsure that you will ultimately file a lawsuit. Evidence must be preserved and there are time deadlines for bringing your claim called statutes of limitations. Your attorney and his paralegal will work closely with you to bring about the most favorable outcome possible.
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Laura McDonald is a paralegal. She is a member of NFPA (National Federation of Paralegal Associations). Laura is experienced in the areas of personal injury, civil litigation, family, environmental and corporate law, estate planning and bankruptcy. She works for Michael L. Hawkins & Associates, P.L.L.C., located in Frankfort, Kentucky. The firm's website is http://www.mlhlawky.com
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