Page 12 - Bancroft Law - Example Legal Planning Guide

PERSONAL INJURY & ACCIDENTAL DEATH
PERSONAL INJURY
A personal injury case can result from: a car, truck, motorcycle, bicycle, scooter, pedestrian accident, or if a person or business causes someone to be injured because a dangerous condition existed at their store or on their property. If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex.
A personal injury that can give rise to a potential legal claim is an injury that occurs to your person (body), mind, or emotions, due to someone else’s carelessness. For example, while walking in a store, you slip and fall due to a puddle of water that had been on the floor for weeks without any attempt by the store to clean the puddle, rectify the cause of the puddle or post signs warning of the possible danger from the puddle. If you suffer a physical injury from the slip and fall, such as breaking an arm, you may have a personal injury claim against the store owner for your physical injury.
The amount of damages granted by a court is primarily based on the severity of the injury. An easy way to estimate the severity of the injury is by looking at the medical bills, the type of injury and the length of time of recovery. If you feel that you may have been injured due to someone else’s carelessness, it is very important to seek legal advice to determine (1) whether you have a viable legal claim, (2) whether the expense of hiring a lawyer to handle your claim will be worth the outcome of the legal action and (3) ensure that you bring legal action in a timely manner so that you are not barred by a state’s statute of limitations.
In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something -- what the lawyer can get minus the fee charged to get it -- is better than nothing.
ACCIDENTAL DEATH
Legal claims can arise from a death if the death results from the negligent act of another person, such as an automobile accident or medical malpractice. In such circumstances, state law typically grants the spouse, children and/or legal heirs of the deceased person (decedent) the right to pursue monetary damages
on their own behalf, on behalf of the decedent or on behalf of the decedent’s estate.
Generally, two types of claims can arise from a death that results from negligence: (1) Wrongful Death Claims and (2) Survival Claims. A Wrongful Death claim arises when a state’s statute grants a relative of the decedent, such as a surviving spouse, child(ren) or parent, the ability to seek damages as a result of the death. Alternatively, a Survival statute allows a decedent’s claims to “survive” death and be brought by the decedent’s estate. It is important to consult with an attorney to determine whether your state has a Wrongful Death or Survival statute and whether you have a viable legal claim.
12 BANCROFT LAW