Title: How to Protect Your Rights When You Get Injured
1How to Protect Your Rights When You Get Injured
2When you suffer a personal injury, there is no
doubt that getting medical help should be your
greatest concern. However, it is also important
to ensure that you are protected legally. When
someone hurts you by accident or on purpose, you
may be able to recover some monetary damages for
negligent and intentional injuries the TORT law
applies and you are allowed to bring a civil suit
against the perpetrators so as to recover
monetary damages.
3When you file a suit against someone for personal
injury, there are several elements that you need
to prove this is what informs the importance of
contacting a personal injury lawyer. Your
personal injury attorney will be able to prove
that there is some legal duty that was breached,
that your injuries were caused by the said breach
and that the said injuries caused damages. That
specific legal duty can differ in different
situations.
4For instance, in cases of product liability
strict liability almost always applies. This
means that you wont be obliged to prove
negligence all you have to do is to show that
the manufacturer actually released a dangerous
product and you got injured as a result. However,
for cases of medical malpractice, there are
reasonable professional standards that must be
applied and your personal injury attorney will
need to clearly prove that your doctor did not
act within the reasonable care as expected of
such a professional.
5The law provides a limited time period within
which you can report your injuries. For example,
when a person gets injured at their place of
work, their employer should be made aware of the
said injury within a reasonable time frame, in
some cases it shouldnt go beyond 30 days.
6There is also a limited time period within which
you can sue for personal injury this is known as
the statute of limitations. While the specific
time period differs from one state to another, it
is important that you contact a personal injury
attorney as early as practically possible and
that the lawsuit is filed not later than two
years after the injury takes place.
7There are cases where the person who caused you
an injury was working for someone else a good
example is driver who hits you while driving a
company car to do an official errand. The
personal injury law dictates that the company
employing that person is also responsible these
rules are governed under agency law and it may
not be possible for you to know such unless you
have a competent personal injury attorney. Your
personal injury law can bring expert witnesses
especially in cases where the defendant refuses
to admit liability the expert will come in to
prove that the defendant breached their legal
duty.
8San Diego - Main OfficeHamilton McInnis,
L.L.P.3110 Camino del Rio South, Suite 203San
DiegoCA 92108United StatesTelephone (619)
299-4877http//www.hm-lawyers.com