How do I know if I have a personal injury case?
If a person has been injured as a result of negligence on the part of another person, party or entity, they may have a personal injury case. Personal injuries can occur in many different ways, including motor vehicle accidents, premises liability accidents, dangerous or defective products, hospital negligence and even police brutality. In order to win a personal injury case based on negligence, the injured victim bringing forth a lawsuit must prove four things:
- The defendant owed the victim a duty of care
- The defendant breached the duty of care
- The breach of care was the reason that the victim was injured
- The injury resulted in damages to the victim
However, the only way to know if you have a legitimate claim of personal injury is to contact an attorney so they can provide you with a case evaluation.
What is negligence?
Negligence according to Black’s Law Dictionary is “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” An example of negligence is a person texting while driving who slams into the back of another vehicle and injures that person in the other car as a result of not paying attention while operating their vehicle.
What is Modified Comparative Negligence?
The state of Minnesota uses a modified comparative negligence rule. If a plaintiff is 51 percent or more at fault for the injuries they have sustained, that person may not recover damages from a defendant. This means that if an accident victim is 50 percent or less at fault, that person can potentially recover damages from a defendant proportionally to the percentage of responsibility for the injuries the accident victim sustained.
What should I do after an accident?
If you have been injured in an accident, the most important thing you can do is to seek medical attention if you have been injured. Your health should be the main concern after an accident, especially if you have suffered a serious injury.
Who will pay my medical bills?
If you have car insurance, your insurer should pay for your medical bills up to your no-fault policy limits. If the other party is responsible for the accident, typically their insurance will ultimately have to pay any appropriate bills in excess of your no-fault limits. This can include all medical costs associated with the accident, such as medication, x-rays, medical tests, physical therapy, and any other costs related to the accident. However, this does not always happen without an attorney by your side to make sure you are not being taken advantage of by the insurance company.
Should I speak to the other side’s insurance company?
No, do not speak to the other side’s insurance company. They will try to get you to say certain things than can devalue your case against them. They often will offer a settlement that is far below what you should be paid for the accident or even deny your claim altogether. Keep in mind the insurance company makes money by paying claims for less than they are worth. Hiring a law firm that is experienced and has a history of proven results like Gaskins Bennett Birrell Schupp LLP will ensure that you are properly represented. Our attorneys know how to deal with even the largest of insurance companies and will not let you be taken advantage of.
When should I contact a personal injury attorney?
If you have been seriously injured or have lost a family member as a result of negligence, it is important to immediately contact an attorney with extensive experience and a history of successfully handling personal injury cases. The attorneys at Gaskins Bennett Birrell Schupp LLP have recovered over $80 million dollars in settlements and verdicts for injury victims. Our history of success truly speaks for itself. When you need the best attorneys on your side, we are ready to help.
