Getting injured on the job, in a car crash, or a place of business is undoubtedly a traumatic experience. What makes matters worse is being responsible for expensive medical bills, rehab costs, and lost wages if you can’t work.
There is also the question of pain and suffering from severe and catastrophic injuries. If you’ve experienced a severe injury due to someone else’s fault, you may be wondering if you can recover damages to pay your debts. Discuss the matter with a personal injury lawyer immediately.
The term “serious injury” is ambiguous, meaning that it can have a different meaning depending on the person you ask. For some, a severe injury is a broken arm. For others, a serious injury could be more life-threatening.
Fortunately, there is some consensus on what’s defined as a “serious injury.” A serious bodily injury involves:
Generally speaking, a severe injury is a life-altering condition.
Nonetheless, if your doctor can agree to the fact that you’ve suffered a catastrophic injury, you may have enough merit to continue on with a personal injury claim. That is unless you can adequately assign fault to the person responsible for your injuries.
Under normal circumstances, if you’re injured because of someone else, you’ll need to file a claim with their insurance company.
For example, if you trip on the stairs to your best friend’s home, you’ll typically have to file a claim with the homeowner or tenant’s insurance company. These situations aren’t always cut and dry.
There is a great chance the insurance company will undermine your claim (by insinuating you’re not as injured as you claim) or make it appear that you were either negligent (jumping up and down the stairs at random).
Thus, the success of your claim will depend on if you can assign fault to the third party. For example, if you tripped on a flight of stairs, here are a few situations where the owner or tenant would be at fault:
The owner or tenant of any property is legally required to maintain a duty of care. This means they must maintain their property with care or pay the price if someone is injured.
If the responsible party ignores their duty of care, they are called negligent by the law. If this happens, you may need to hire a personal injury lawyer.
If you’ve decided to move forward with your claim, it’s recommended that you hire a personal injury attorney. That way, you can level the playing field against an insurance company and its team of experienced lawyers.
Kidwell & Gallagher have more than 20 years of experience in personal injury litigation. If you need experience and an empathetic team in your corner, contact us today to schedule a free consultation.