As a mother, protecting your family is second nature to you – and that includes protecting them legally as well. If a family member has suffered a personal injury, it’s essential to look for legal ways to solve the matter as well as medical ones.
Let’s take a look at some legal steps moms can take if a family member becomes injured.
Understand Personal Injury
Not all injuries are personal injuries, at least according to the law. You can only file a personal injury lawsuit if someone else is legally responsible for the incident – for example, if you were injured in a car accident in which someone else was at fault. If your actions were the cause of the accident, you would not be eligible to file a personal injury lawsuit.
Additionally, you cannot file this type of lawsuit in which there is no one “at fault” – for example, if you fall off a ladder in your own home, or fall ill with the seasonal flu. So, before you look into legal avenues to address your loved one’s injury, make sure they qualify for the same.
Contact Legal Help
In these cases, it’s crucial to have legal help by your side if you feel you have a valid reason to file a personal injury lawsuit. As the Virginia-based legal whizzes at Kendall Law Firm note, a lawyer will be able to help you understand your rights and whether you should actually proceed with your lawsuit. They will also be able to help you navigate the intricacies of the law and understand what recompense you are entitled to.
If you are worried about costs, don’t fret. Most personal injury attorney morehead take cases based on a contingency fee. This essentially means that you pay no money upfront – instead, you enter into a financial agreement with your lawyer based on the settlement you will receive. You agree to pay your lawyer a certain portion of your settlement. This makes legal help accessible to people who may not otherwise be able to afford it and ensures that your lawyer does all they can to win your case.
Get Treated
Your lawyer will likely inform you that one of the requirements of filing a successful lawsuit is being able to prove your loved one’s injury. The best way to do this is to seek medical help for a detailed report.
Your loved one must receive medical attention immediately after the injury, even if the injured person doesn’t feel it’s necessary. Some injuries, such as brain and soft tissue injuries, can take hours, days, or even weeks to show effects. A doctor will be able to conduct a thorough evaluation and ensure they are not suffering from an injury that may become worse before they realise it.
Additionally, from a legal standpoint, some states and jurisdictions require the injured person to show proof of seeking medical help within a given timeframe after the accident. Getting checked out as soon as possible ensures that they will not mistakenly go over that allotted time.
Gather Required Evidence
As mentioned above, a key part of winning a personal injury lawsuit is being able to prove the injury exists and that the defendant was the cause of said injury. To do so, you will need to have relevant evidence, and you should work with your lawyer to gather these documents if necessary. Some pieces of evidence you will need include:
- Evidence from the scene of the accident or other injury such as photographs, debris from the accident, etc.
- Documents that prove the injury and its impact on the life of your loved one. This includes medical records, bills for medical payments, proof of missed wages, personal statements of the effect the injury has had on the victim’s life, and so on.
- Witnesses who can corroborate the evidence, and incident reports and statements signed by witnesses.
Your lawyer will be able to guide you regarding any other evidence necessary for your lawsuit. If possible, you should work with the lawyer so that your loved one can rest and concentrate on recovering. However, if their direct involvement is required, you can assist them during the process..
Discuss Compensation
It’s essential to go into a personal injury lawsuit with a realistic idea of what sort of compensation your loved one is entitled to and will likely receive. Some types of compensation they may be eligible for include:
- Lost wages
- Pain and suffering
- Funeral expenses
- At-home care, doctor visits, prescriptions, and other medical expenses
What compensation they are eligible for will vary depending on their specific personal injury and the consequences.
Additionally, your lawyer should be able to advise you on how much money you can expect to receive as compensation. In cases where possible compensation is a small sum, some people prefer to avoid the time spent on a legal claim, and having a clear idea of what to expect allows you to make a judgment that suits your well-being.
When it comes to personal injury lawsuits, ensuring your loved one is compensated for their pain is vital for their recovery. With the compensation they deserve, they can focus on healing and recovering rather than worrying about finances, and your support as a mother can help them receive the best possible outcome.
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