“Personal injury” is defined as mental or physical injury that occurs as a direct result of another party, whether accidental or intention. These can result from a variety of situations. The most common form of personal injury includes car accidents, motorcycle accidents, commercial vehicle accidents, or slip and fall injuries. Many of these accidents are due to negligence on the part of the third-party but some cases involve intentional harm.
If you have been injured as a result of third party negligence or intentional acts you may be able to obtain compensation to cover your damages by contacting Salem’s personal injury attorney and accident lawyer, Brady Mertz.
Resulting injuries can be physical, such as broken bones or spinal injuries, or mental and emotional distress. The severity of your injury may result in property damage, expensive medical bills, lost wages, and reduced earning capacity.
Personal injury lawsuits can be filed to recover compensation for damages from the responsible party, which may be an individual, several people or even a business.
The Importance of Hiring a Personal Injury Lawyer
A personal injury lawsuit can help you recover compensation to cover damages. It is important to consult with an experienced Salem, OR personal injury attorney to go over your situation, advise how to protect your legal rights and preserve your financial security in the aftermath of a personal injury accident.
Personal injury cases can be very complex. Representation by a skilled personal injury attorney will give you a greater chance of proving your claim and ensure that your rights are represented. You can be sure that the at-fault party will employ every available legal defense to challenge your claim. Especially in the case of an auto accident, the at-fault party’s insurance company will often claim that you were responsible or attempt to make a case that you are exaggerating your injuries. Experienced legal representation will give you the best advantage to protect yourself against the counter claims of the at-fault party and their insurance company. Brady Mertz, Salem’s accident lawyer and personal injury attorney, ,, will negotiate on your behalf to protect your best interests by recovering the maximum allowed settlement or take your case to court as necessary.
Common Examples of Personal Injuries
Personal injury cases include any type of injury sustained as a result of another person’s fault.
- Auto, motorcycle and commercial trucking accidents
- Wrongful death
- Sexual abuse or assault
- Medical accidents
- Slip and fall injuries
- Boating accidents
- Work-related injuries
- Injuries caused by product malfunctions
- Dog bites
Most personal injury cases are a result of third-party negligence – someone acted carelessly and the caused someone else damages or injury. The injured party or their legal representative must prove the following three factors:
- Duty of care: The other party had an obligation to act with care to avoid injury to you.
- Direct cause: The other party’s action or lack of action directly resulted in your injury.
- Harm: Suffered a loss as a result of the other party’s action or lack of action. Losses include medical bills, lost income or pain and suffering, for example.
Personal injury lawsuits also include “premises liability” which refers to the property owner’s legal responsibility for any accidents or injuries that occur on their property when the injury was caused by some type of unsafe or defective condition.
Cases of premises liability deal with defective or hazardous conditions that pose a substantial risk to guests such as broken concrete, defective stairways, or slippery floors. These conditions can lead to very serious injuries including broken bones, spinal injuries or even wrongful death.
Common types of premises liability cases are:
- Slip and fall
- Inadequate security
- Defective conditions
- Inadequate Maintenance
Motor vehicle accidents involving large commercial trucks or semi-trucks are more likely than the average car accident to cause very serious injuries or even death because of the size of the truck as compared to the car. In addition, the result of an accident can be made much worse depending on the freight carried by the commercial vehicle.
Often the commercial truck drivers have been on the road for many hours and are driving under extreme pressure to meet deadlines. Commercial accidents, like any auto accident, typically involve negligence. The driver may be an employee of a company who exercised some degree of control over the driver and the commercial vehicle maintenance.
Your first priority after any accident should be proper medical examination and treatment. A thorough evaluation is important to discover any injuries that may not be apparent immediately after the accident.
Commercial trucking companies will send their own investigators to the scene of the accident right away. Their legal team will work hard to prove their driver was not at fault. It is important to hire representation from an experienced commercial accident attorney as soon as possible to recover the compensation you deserve.
Roadway accidents are one form of commercial accidents. Commercial accidents may also involve commercial ships or cruise ships, trains or planes. In any case, you can be sure these entities will be legally represented in the event of an accident. It is in your best interest to contact an experienced personal injury lawyer right away to provide you with representation. This will be your best opportunity to protect your rights and recover compensation. A personal injury attorney will attempt to recover an adequate settlement with the other party’s insurance, or if necessary, represent you in court to obtain a verdict in your favor.