This post is for informational purposes only. It is not meant to be legal advice.
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If you’ve been injured at a business, you may wonder whether you can recover compensation for the resulting damages. Personal injury cases involving businesses can be complicated, that’s why is important to get help from a personal injury lawyer to give you legal advice and handle all aspects of your case. Many businesses will have liability insurance, which may provide coverage for accidents that occur on the property.
What’s the Difference Between Claims and Lawsuits Against a Business?
The terms “claim” and “lawsuit” are often used interchangeably. However, these are two distinct processes for recovering compensation after an accident.
Personal Injury Claim
A personal injury claim refers to a matter between an accident victim and an insurance company. Claims are a way to manage a potential legal dispute outside of court.
A customer who is injured at a business might file a claim with the business’s injury liability insurer. The insurance company will assign an adjuster to investigate the claim to determine if the business (and the insurance company) are liable for the injuries.
If the insurer determines the injuries are covered under the insurance policy, it will propose a settlement offer to the injured victim. The settlement offer might compensate the injured customer for all of their damages or may only cover a portion of their damages, depending on the circumstances. If the insurance company doesn’t believe it is liable for the injuries, it will deny the claim.
An injured customer can accept the insurance company’s settlement offer or attempt to negotiate a higher settlement amount (if the sum doesn’t cover all damages). If the insurance company denies or undervalues the claim, the injured customer has the right to initiate a lawsuit against the business/insurance company to seek full compensation for their damages.
Personal Injury Lawsuit
A personal injury lawsuit refers to a legal matter initiated by an injured customer against the business that allegedly caused their injuries. A lawsuit will ultimately be resolved by a judge or jury, depending on the circumstances.
An injured customer may need to pursue an injury lawsuit if:
- The business doesn’t have liability insurance
- The insurance company denies or devalues their injury claim
Lawsuits are generally longer and more expensive than an injury claim. There are many stages of a lawsuit, including filings, responses, discovery, motions, hearings, and trials. Injury lawsuits can take up to a year or more to resolve, depending on the facts. The parties may typically settle their dispute anytime before it reaches trial.
Finding the Right Personal Injury Attorney for Your Injury Claim
Your choice of personal injury lawyer will have a major impact on your case. Your ideal attorney should have the following qualifications.
They should focus on personal injury law.
You should consider hiring a lawyer that focuses exclusively on personal injury law. Such a lawyer will likely know the strategies and tactics to help you build your case against a business. They will also know how to maximize the value of your damages.
They should have experience handling claims against businesses (including trial experience).
The stakes are high when you are suing a business. They may blame you for the accident, devalue your damages, or accuse you of failing to mitigate damages. An experienced attorney can help you navigate your claim, avoid mistakes, and protect your rights.
They should be local.
Your lawyer should have knowledge of state and local laws that could affect your case. Personal injury laws vary by state, so hiring a local injury attorney can be a major asset to your case. A local attorney will also be familiar with the region’s judges, courts, and procedural rules.
Statute of Limitations and Deadlines
If you intend to file a personal injury lawsuit against a business, you will be subject to deadlines. These deadlines are known as statutes of limitations, and they vary by state. The time limits range from one to six years. For example, Florida’s personal injury statute of limitations is two years. So, if you get into a car accident in Florida, you will typically have two years from the date of your accident to file a personal injury claim.
The limitations period usually starts on the date of your accident. If you fail to file your case by the deadline, you will be barred from recovering compensation. Therefore, you should contact a lawyer as soon as possible after your accident to avoid missing the deadlines. Your attorney can help you determine the applicable timelines in your case.
Proving a Personal Injury Case Against a Business
Most personal injury claims against businesses are based on negligence. Such cases include:
- Slips, trips, and falls on the property
- Injuries from falling objects or merchandise
- Injuries resulting from negligent security at the business
- Injuries caused by employees due to inadequate training or supervision
Importantly, businesses are liable for the acts of employees that occur during the course and scope of employment. This concept is known as “vicarious liability.” Therefore, you can recover compensation from a business if an employee failed to clean up a spill, repair a dangerous condition, etc.
Your personal injury lawyer will gather various types of evidence to help prove your case, including medical records, business records, video/surveillance footage, and more.
Contact an Experienced Personal Injury Lawyer for Help Suing a Business
The best way to learn about your rights and options after an injury is to contact an experienced injury lawyer. A lawyer will put you in the best position for a successful outcome. They will handle all legal aspects of your case and work to maximize the value of your damages.
Most personal injury lawyers offer free consultations to help determine whether you have a case. Moreover, most injury attorneys work on a contingency fee basis. This means they do not charge attorney fees unless they recover a settlement or verdict on your behalf. If they are successful, they will take a percentage of your award (usually between 30-40%) as payment for the representation.
Contact an experienced attorney today for help with your injury case against a company or business.
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This post brought to you by Kristina Rodopska
Photo: iStock