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Personal injury and workplace accidents, where to start.



Personal injury

Personal injury

Personal injuries occur when an individual is severely physically damaged due to the negligence of another person, such as a drunk driver, owner of a facility in poor condition, or medical malpractice.

On the other hand, compensation claims (for both regular people and employees) apply if either of them is injured as a result of their work, in these cases, it’s not necessary for negligence to be demonstrated when filing a complaint against an employer.

This means that the employee is the victim and does not have to prove that the accident was caused by someone else. It’s sufficient if the worker has a work accident and the injuries received are as a result of it.

Claims for personal injuries and work accidents

Before you can claim compensation, you must prove that someone else is responsible for your accident. Of course, it’s necessary to consider aspects of negligence such as that said person did not take into account the red light of a traffic light, confusing instructions on the use of the mechanical elevator, among others.

On the other hand, a private person who receives an injury due to an accident, cannot claim the insurance money without first proving the negligence of the other party, no matter how serious the damages received and the consequences.

So we’ve found that claiming compensation for work-related injuries is easier than suffering personal injury.

This does not mean that the employee can no longer work or take personal responsibility, but it does recognize that certain injuries and certain medical treatments are permanent barriers to compensation in some way.

The last group of people with disabilities is limited to 60% of the average weekly wage at a given wage level, since disability insurance does not cover pain or suffering as a result of an injury.

Personal compensation

On the contrary, the law in most states does not limit personal injuries to a specific amount like the previous case (which can prohibit medical or product negligence and more common accidents).

The categories of compensation for serious injury in Philadelphia for those individual cases (from car crashes, animal bites, falls, and more) include lost wages, medical expenses, hardships and disability. If the injury is permanent, the defendant can pay you for each category for the rest of your life.

Right to compensation after an accident

In order to obtain compensation after a personal incident, there are some important things that must be proven first. In general, they are the following:

  • That the defendant was under the obligation to ensure your well-being
  • That the defendant has breached his promise of care
  • That the breach led directly to personal harm or injury
  • That you have received compensable damages

The details for identifying these requirements depend on the nature and cause of the injury. For example, in the case of workers’ compensation insurance, strict liability applies. This means that employers should not neglect payroll reimbursement and in most cases, it’s enough to cause an injury on the job.

However, in most other cases, the defendant’s actions must be compared with those of a reasonable person in some circumstances to prove negligence or recklessness.

Check negligence or recklessness

The detailed reasons for negligence also vary from case to case and depending on the state you are in, in some areas they will guide you in the steps to follow to specify your types of injuries.

This is why it’s so important to hire an experienced, competent, and skilled personal injury attorney.

If your attorney successfully proves that someone else was at fault for the accident that caused your injuries, you will be entitled to compensation for medical expenses, treatment bills, equipment, lost business days now and in the future, as well as pain and suffering that decreased your quality of life.

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