You have a case if the actions of another individual operating an automobile, truck, airplane, motorcycle, or other motor vehicle were careless.
Careless is simply another word for negligent, which is defined as failing to do what a reasonable person would do, given a particular set of circumstances. For example, if an individual failed to stop his vehicle at a red light, as an average person would, he could be considered negligent and responsible for damages. These can include personal injuries caused by his actions for any pain and suffering, permanent injuries, disabilities, or even death.
In order for damages to be sought, an injury need not be physical. Such cases that involve being subjected to extreme emotional distress or verbal abuse may also entitle you to damages.
In the case of a death within a family, surviving family members can recover damages through wrongful death laws & litigation.
Although many personal injury cases only involve minor injuries, you may still be entitled to substantial monetary damages. Medical expenses, no matter how small they are, including hospital expenses, medications, and personal therapy, can be recovered. In addition, in cases of extreme negligence, punitive damages can be recovered to ensure that the conduct is not repeated in the future.
There is increased use of mediation as a means of resolving personal injury claims. During the past several years this process has become one of the most widely used methods of arriving at a reasonable compromise settlement in a personal injury or wrongful death claim, especially in claims that would be the most expensive and difficult to litigate to a jury verdict. When approached effectively, it ends the claim or litigation without any further costs to the client; when it fails, the injured individual proceeds to use the regular procedures of litigation and jury trial without any penalties. Additionally, mediation is an extremely cost-effective procedure that could save the injured person an enormous amount of money in litigation expenses.
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