Your Legal Options When You’ve Been Hurt

Why Women Should Stop Trying to Be Like Men in the Work Place-Chispa MagazineNo one plans on getting hurt, but sometimes accidents happen. This, however, also means that people don’t typically plan for what they are going to do if they ever do get hurt. The consequences of an accident possibly losing income, piling debts, or other unforeseen problems and dilemmas that could easily be taken care of if you knew your options and had a plan of action. Being prepared is always better than being caught off guard.

This page explains the benefits of hiring personal injury lawyers that come with a 100 percent client satisfaction guarantee. Having a lawyer on your side is, in many cases, the only way you will get the fair compensation due. The law is difficult and hard to understand, particularly when you are up against a larger company that is trying to protect itself and its assets. Don’t let the big guys bully you, and have an experienced lawyer on your side. If you try to do it alone, you will likely get far less than you are owed. Have someone there to fight for you.

Not all situations warrant a personal injury lawyer. Knowing when you should hire one to get your due compensation is the first step in being prepared for any kind of accident you might suffer in the future:

When You Need a Personal Injury Lawyer:

Malpractice
Malpractice means that the plaintiff was either injured, disfigured, or killed because of incorrect or substandard care. Some malpractice suits are genuinely terrifying, and if something like that happens to you, where you were caused unnecessary pain and injury, you need to have a lawyer on your side. Medical errors have been cited as the third leading cause of death in the U.S. Getting financial compensation

Misdiagnosis
Misdiagnosis is complicated, because it typically occurs when the patient is experiencing complex symptoms. The leading misdiagnoses are tumors, infections, heart attack, and cardiovascular diseases. Compounded medical issues also make diagnosis difficult. When you are misdiagnosed because your physician was careless or negligent, you have grounds to sue.

Misdiagnosis can be fatal, however only because, instead of treating the actual disease, you are being treated for something else that presents the same symptoms.

Surgical Errors
There are three kinds of surgical errors. There are errors that are made by mistake, where damage occurred. This could be anything from accidentally damaging a nerve to failing to control bleeding. The second is forgetfulness—leaving an object, like a medical sponge, for instance, inside your body. The third is the most debilitating is when surgeons perform a surgery on the wrong patient. They occur more than 4,000 times a year.

Wrong Prescription Administration
Prescribing the wrong medication can be dangerous for two reasons. First, the medicine might affect you poorly, and cause issues. The second is that you are not being treated for what you need the medication for. Prescribing the wrong medication is easy. The doctor’s writing could be too illegible (which is why you should always ask for it printed), decimals could be missed, pharmacy’s or physicians might misread it, and so on.

Negligence
Of all the examples above, you can only win a medical malpractice suit if you can prove negligence. For instance, surgical errors happen even if the surgeons do everything they can. If a surgical error happens because they read the wrong patient’s chart, and did a surgery that was not meant for you, you have grounds to sue. You must always prove negligence is the cause of your suffering.

Unlike with the other areas where you can sue for negligence, medical negligence is more difficult to prove. People go to the hospital for serious medical conditions—many of which are life threatening—and doctors are not miracle workers. Know the difference between negligence and ill-luck before you consider suing for medical malpractice.

  1. Unsafe Work Premises

You have a right to feel and be safe in your workplace. If you get injured, or even die, due to an unsafe work environment you have the right to sue for compensation. If you are injured, you have the right to sue for the negligence of the owner. Unsafe premises can be anything from slippery surfaces to broken equipment to even structurally unsafe buildings. If you are hurt or killed because the workplace premises are unsafe, you are owed compensation.

This is particularly true if the problem was formally submitted to management beforehand. If the management or owners do not respond to the complaint, and someone is injured, that is grounds to prove gross negligence. If gross negligence can be proven, then punitive damages should also be demanded.

  1. Vehicle Accidents

Car accidents happen all the time. 2.2 percent of all deaths worldwide are due to car accidents. In the United States, this amounts to tens of thousands of deaths each year, and millions of injuries. When an accident is not your fault, you are owed compensation.

Note, that not all injuries are awarded compensation. For instance, when the accident happens when the car is stationary or parked, your car insurance company does not have to pay you. These are the most common accidents; however, they are also the least life threatening. These include hitting your head when you’re getting in or even getting caught by the door. Being careful is the best way to stop these accidents from happening.

Any injuries that are inflicted on you because of negligence from another driver, however, need to be compensated for. You could lose income, you could lose your financial stability, you could go further into debt. Compensation for vehicle accidents amounts to a yearly $230.6 billion dollars being paid out. When the other driver is at fault, it is up to their insurance company to help you out while your recover.

When you are dealing with insurance companies, you will want a lawyer to work for you on your behalf. There is a lot to be proved to get a good settlement. If you cannot prove it, or if the insurance company finds a way to get out of paying your as much as you deserved, the only way to press for more compensation is through court. Lawyers are always needed when you deal with other lawyers.

  1. Burn Accidents

Burns do not always heal, and can cause long term suffering to victims. They are painful, and have the potential to cause permanent scars and disabilities. They can also be fatal. Burns are particularly terrible, however, because of the life-sentence that comes with the scarring. When you are burned because of negligence, or even because of intent, you need to be compensated. The pain you feel when you are recovering can live with you for the rest of your life. Scars to the face, hands, or other sensitive areas can severely affect a person’s life.

They cause physical and emotional scars, and when the source of the burn, whether it be thermal, electrical, or chemical, was due because of someone else’s negligence, they need to pay for the damages to you.

  1. Wrongful Death

If someone dies because of negligence, always press for a wrongful death suit. You have lost a loved one whether it be a family member, your spouse. Not only are you owed the fees for the funeral, you can also claim for the loss of income that your loved one provided.

Only a few individuals, however, can file for a wrongful death suit. It varies depending on the state, however those who can sue are always spouses and underage children (with the help of a guardian). Some states allow adult children and other family members to sue on the behalf of the deceased.

Wrongful death suits can also feel like the only way to get justice when the defendant is not facing criminal charges. You need financial stability when you lose a loved one so that you have time to grieve. Placing an experienced lawyer at the helm will mean that you get what you are owed at this tragic time.

Why You Need Compensation
Compensation is not just “free money” that they give out to people after an accident. Demanding fair compensation is not wrong, nor should you feel bad about asking for it. Injuries can put you out of work, they can make you unable to work, and they can affect the rest of your life. When you are suffering this injury and it’s at the fault of someone else, you will have grounds to demand compensation.

From medical expenses, to funeral costs, once an accident occurs things change. You might be put out of work while you recover, you might suffer in pain while you are at work which affects your productivity, or you might be unable to return to work. Compensation not only secures you financially while you get your life back on track, it also means you can get justice from the one that hurt you.

Compensation also gives everyone an incentive to not be negligent. If a manager knows that a danger exists in his workplace, he will be more inclined to fix the problem because he knows that he could be liable if someone gets hurt.

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Mia Guerra

Mia Guerra

Executive Editor at Chispa Magazine
Executive Editor at Chispa Magazine, Mia Guerra is a writer at heart. Regardless the topic, she loves to investigate, encourage, and ruminate on topics that can make us better people. Aiming to live a Proverbs 31 life, Mia is ecstatic to be following her calling with Chispa. At home she is her husband's sidekick and together they are raising a God-fearing family in Atlanta.

Mia Guerra

Executive Editor at Chispa Magazine, Mia Guerra is a writer at heart. Regardless the topic, she loves to investigate, encourage, and ruminate on topics that can make us better people. Aiming to live a Proverbs 31 life, Mia is ecstatic to be following her calling with Chispa. At home she is her husband's sidekick and together they are raising a God-fearing family in Atlanta.