Smyrna Personal Injury Lawyer

Personal injury claims can arise from various situations, but understanding the basics is still important. Let’s break down some of the most fundamental aspects of personal injury cases.

What Is a Personal Injury?

‘Personal Injury’ is any harm an individual suffers due to another party’s negligence, recklessness, or willful actions. These injuries typically occur in accidents or are caused by medical malpractice, product defects, or unsafe premises.

Similarly, personal injury law is designed to protect those who have sustained this type of harm due to someone else’s carelessness, failure to act, or mistake. Personal injury claims aim to ensure that ‘the one who caused the injury or harm’ compensates the injured party.

While a wide range of situations may lay the groundwork for a strong personal injury claim, some of the most common types of incidents include:

• Car Accidents: Collisions on the road, often caused by distracted, intoxicated or negligent drivers.
• Slip and Fall Incidents: Accidents that happen on someone else’s property due to hazardous conditions or a basic lack of proper warning.
• Medical Malpractice: Serious errors or negligence by healthcare professionals that harm the patient.
• Workplace Injuries: Injuries sustained while on the job, often due to unsafe working environments or equipment.
• Product Liability: Harm caused by defective products, where the issue was caused by a basic design flaw or unfortunate manufacturing defect.

Common Causes of Personal Injuries

While personal injuries can be caused by a wide range of different factors, to build a strong claim, you’ll typically need to trace your injuries (or damages) back to one of the following causes:

• Negligence: Many personal injury cases ultimately revolve around proving that the responsible party was negligent and failed to exercise reasonable care — which led to the injury.
• Intentional Acts: In the worst-case scenarios, your personal injury may have come as the result of someone’s intentional actions, like in the case of assault or battery.
• Strict Liability: Product liability cases often involve ‘strict liability,’ which holds manufacturers responsible for any defects found in their products, regardless of negligence.

The Role of Insurance Companies

In just about every personal injury claim, an insurance company will play a pivotal role in your compensation process. For example, when an accident (or injury) occurs, the responsible party’s insurance provider will typically step in to cover the costs associated with the incident.

The insurance company will begin by assessing the claim to determine the extent of their liability. They employ insurance adjusters who investigate the circumstances of the accident, the severity of any injuries sustained, and all of the available evidence.

These adjusters then use this information to establish liability and calculate the appropriate compensation owed.

However, it’s important to understand that in most situations, the insurance company will prioritize its profits. They may attempt to minimize payouts or even use heavy-handed tactics to dispute liability or devalue your claim.

This is where your personal injury lawyer comes in.

Attorneys are experienced in negotiating with insurance companies to ensure you receive fair and just compensation. Their role is to level the playing field and protect your rights so you are not taken advantage of during the claims process.

When insurance companies act in their best interests, a personal injury lawyer acts in yours.