Personal Injury Basics: Negligence 101

personal injury negligence

Getting injured in an accident is painful, time-consuming, and costly. You may need surgery and physical therapy. You are likely to miss hours of time from your job, and you may need help getting around the house.

If you have been injured in an accident due to someone else’s negligence, there are a few things you can do to make sure that you will be able to pay your bills. Much of the law and the steps you will take to get insurance money will depend on the type of accident you experienced.

Car Accidents

If you were in a car accident, you could file an insurance claim to have your medical bills and damages to your car paid for. The insurance company that you file the claim with will depend on the state in which you live.

According to, There are two different types of insurance laws in the United States: fault and no-fault. In a fault state, the insurance company of the negligent driver will pay for any bills related to the accident. In a no-fault state, a driver’s own insurance company will pay for the accident, no matter who caused the crash.

Florida is one of only a handful of states that follow the no-fault rule. If a driver’s medical bills exceed the amount for which they are covered, they may be able to sue the negligent party.

Each no-fault state has its own set of criteria for when a person may sue a negligent driver. Generally, a person must be severely injured, disfigured, or disabled in the accident.

Product Liability Cases

If you have been injured by a defective product, you may be able to sue for damages. In order to have a valid product liability case, a person must have used the product for its intended purpose.

For example, if you were going to sue a company that makes hemorrhoid medication, you would have had to use that product for hemorrhoids and not to get rid of puffiness under your eyes.

The real challenge with a product liability case is knowing who to sue. If the product’s original design were flawed, you would want to sue the designer. If the product was assembled incorrectly, you would generally sue the manufacturer. If you were misled about the safety of the product or did not understand how to use it, you would want to sue the company that marketed the product.

Medical Malpractice

Medical mistakes are a major cause of death in the United States. In spite of this, some states have tort reform laws when it comes to medical malpractice suits. In many cases, the amount a person can be awarded will be limited by a tort reform law.

Not all tort reform laws pertain strictly to monetary awards. For example, the state of Florida has a law restricting the use of out-of-state expert witnesses.

In the state of Massachusetts, a person filing a medical malpractice lawsuit must present a special tribunal an “offer of proof” before the case can proceed.

The tribunal is made up of a Massachusetts judge, a lawyer licensed to practice in the Bay State, and a medical doctor. The tribunal will decide if the proof a plaintiff gives them is sufficient enough to raise serious questions. If the tribunal approves, the case can go to court.

One of the most important things you should do if you have been injured in an accident is to hire a good personal injury attorney. A trained attorney will have years of experience in negotiating with insurance companies. They will be able to represent you in court in the unlikely event that your case goes to trial.

If you understand personal injury laws and hire a lawyer who has a solid reputation with the state bar, you will have a very good chance of getting the settlement you deserve.

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Posted - 07/14/2021