Understanding Personal Injury Claims: A Family Guide
Understanding Personal Injury Claims: A Comprehensive Family Guide
Do you want to know something that will shock your family?
Every year, there are over 39.5 million personal injury cases in the United States alone that require medical treatment.
That’s 126 cases per 1,000 people!
Here’s the wild part…
The majority of families don’t have a clue what to do when one of these things happens to them.
Your family is left floundering in the dark. Scrambling. Not even knowing what rights you have or even if you have a case.
But here’s the thing – knowing about personal injury law doesn’t mean you go around suing people.
It’s about protecting your family and your family’s financial future.
In this article, you will learn:
- What Exactly Counts As A Personal Injury Claim?
- The Most Common Types Of Family Personal Injury Cases
- How To Know If Your Family Has A Valid Claim
- What To Expect During The Claims Process
- How Much Compensation Your Family Might Receive
What Exactly Counts As A Personal Injury Claim?
Personal injury law is a lot simpler than you might think.
In most cases, if someone else’s negligence (or carelessness) harms you or a family member, you likely have a personal injury claim.
Accidents come in all shapes and sizes, from motor vehicle accidents to slip-and-fall accidents at the local grocery store.
The key elements include:
- Someone owed your family a duty of care
- They breached that duty through negligence
- That negligence directly caused your family member’s injury
- You suffered actual damages (medical bills, lost wages, pain and suffering, etc.)
But don’t worry about the legal jargon here. The bottom line is this: if someone else’s mistake or carelessness hurts your family, you deserve to be compensated.
When these situations come up for families, having knowledgeable and experienced family law representation on their side makes all the difference in the world when it comes to not just dealing with the immediate legal challenges, but also with the long-term implications for the family members involved.
The Most Common Types Of Family Personal Injury Cases
Not all personal injury claims are created equal.
Some types of personal injury cases happen more often than others.
And some result in far higher payouts than others.
Here’s what the data shows…
Motor Vehicle Accidents
This one is a biggie. Motor vehicle accidents account for a whopping 52% of all personal injury claims in the United States.
Whether it’s a minor fender-bender on the way to work or a major pileup involving dozens of vehicles, car accidents are one of the most common causes of personal injury cases.
The good news is that motor vehicle cases often have clear liability and insurance policies in place to cover the damages.
Slip and Fall Accidents
You might think slip and fall accidents don’t count as “serious” personal injury cases. After all, most of us take a spill at some point or another in our lives.
But did you know that slip and fall accidents account for approximately 22% of personal injury claims?
These cases can happen just about anywhere:
- Grocery stores with wet floors
- Shopping malls with poor lighting
- Restaurants with cluttered walkways
- Office buildings with damaged carpeting
Don’t listen to anyone who tells you slip and fall cases aren’t worth pursuing. The average settlement for these types of premises liability cases is $90,000.
Medical Malpractice
Medical malpractice cases are some of the more complex personal injury cases out there. There are also some cases with the highest payouts (on average $423,607).
Here are a few of the most common types of medical malpractice cases:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Prescription mistakes
- Failure to obtain informed consent
Dog Bites
OK, this one might surprise you. Did you know that dog bites are responsible for more than one-third of all homeowners’ insurance liability claims?
The average cost per dog bite claim is $58,545, and 1 in 5 dog bites actually require medical attention.
Dog bites happen to families all the time, and can come from both family pets and the dogs of neighbors and friends. Know your rights if this ever happens to your family.
How To Know If Your Family Has A Valid Claim
This is the part where most families get confused.
You know something happened. You know someone got hurt. But do you actually have a case?
Here are the questions you need to ask yourself:
- Was someone else at fault? If a family member slips and falls on a wet floor that was not marked with a warning sign, that’s probably someone else’s fault. But if they tripped over their own shoelaces, that’s likely not the case.
- Are there damages? Remember, the whole point of personal injury law is to help families recover from actual losses (damages) like medical bills, lost wages, pain and suffering, etc.
- Did the injury occur recently? Most states have a statute of limitations for personal injury claims of 2-3 years from the date of injury. Check with an attorney to be sure you don’t miss your window.
- Can you prove what happened? Evidence is key. Photos, witness statements, and medical records are just a few of the things you’ll want to gather.
Reality check:
70% of people who filed a personal injury claim in 2022 received a payout. But just because one case is settled, it doesn’t mean all are.
What To Expect During The Claims Process
Here’s another thing most families don’t expect when it comes to personal injury cases:
The process itself.
Here’s the reality:
95% of personal injury lawsuits end in a pre-trial settlement. That’s right, most of these cases never see the inside of a courtroom.
The claims process generally includes:
- Initial consultation with a personal injury attorney
- Investigation into your case, evidence gathering, and preparation
- Medical treatment while the case is building
- Demand letter sent to the insurance company
- Negotiation back and forth between the parties
- Settlement agreement (in most cases)
The time frame for settlement can vary quite a bit, depending on the case. Motor vehicle accidents are usually the quickest, settling within 6-9 months after medical treatment has ended. More complex cases can take years.
How Much Compensation Your Family Might Receive
This is the question everyone wants to know upfront…
How much will we get?
The truth is:
Personal injury cases can range anywhere from $10,000 to upwards of $75,000 or more. But again, it depends on the case.
The factors that go into your settlement amount include:
- Medical expenses (past and future)
- Lost wages and lost earning capacity
- Pain and suffering
- Property damage
- The severity of the injuries
For motor vehicle accidents specifically, the average insurance payout for bodily injury was $26,501 in 2022.
Remember, catastrophic injuries often result in many multiples of this, and we’re talking hundreds of thousands, even millions, in the worst cases.
Don’t Wait To Protect Your Family’s Rights
Here’s something else I find most families are surprised to learn:
Personal injury cases have time limits for filing a claim.
If you wait too long to file, you lose your right to compensation forever.
Most states allow 2-3 years from the date of injury, but some circumstances (claims against government entities) can have as little as 6 months.
The bottom line:
If someone’s negligence injures a member of your family, you deserve compensation. Don’t let insurance companies lowball you or try to make you think you don’t need a lawyer.
Taking Action Today
Personal injury law is there to protect families like yours when life hands you an unexpected situation.
With 62 million Americans seeking medical attention for preventable injuries in 2023, and 39.5 million of those in 2022, the reality is that these things happen to good people every day.
The key is knowing your rights and the process, so that when something does happen, you can act quickly.
Don’t let someone else’s mistake become your family’s financial burden. Get the help you deserve and the compensation you need to move forward.
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