Personal Injury Claim Based on a Disease: Can You Be Compensated?
Today, on Redhead Mom, I’m sharing a partnered guest post about a personal injury claim based on a disease.
Whenever you find yourself injured, the road to recovery can be a long and arduous process. Unfortunately, it can also be an expensive journey depending on the extent of those injuries. Someone else being the cause of those injuries can only add frustration to the pile of emotions someone is already feeling.
In a normal personal injury lawsuit such as fights, car accidents, or general accidents, the details of a case can be clear. However, what if your injury isn’t something so obvious as broken bones and cuts? Learn about what legal options you may have if you unknowingly caught a disease from another person.
What is a Personal Injury Claim?
For those who have never filed a personal injury claim or never heard the term, this is a special type of legal dispute that occurs when one person suffers harm from some type of accident or event due to another person or entity.
In a traditional personal injury claim where the defendant is found responsible for the plaintiff’s injuries, they would be responsible for paying some or all of the plaintiff’s medical bills, ongoing medical costs, or anything else resulting from the incident. In the majority of cases, the two parties reach an agreement before the case ever reaches an official courtroom.
However, in certain situations where the personal injury is unclear, a defendant or plaintiff may refuse to settle. For example, the legal options a person has when given an STD are more of a gray area than a standard personal injury claim if they were unaware their partner had one. Learning how different personal injury claims work, such as when given a disease, can help a person to reclaim monetary losses.
How Does a Personal Injury Claim Work?
The process of a personal injury claim is fairly straightforward, but can take months or years to resolve:
- A person evaluates their injuries with the help of a lawyer to determine if they have a right to sue
- The person determines where they can file their claim
- A demand letter is sent that request a certain amount of compensation
- A negotiation for settlement may occur
- The case will go to trial
Steps 1-4 will not take a large amount of time, but the fifth step of heading to the courtroom is where proceedings can drag on for years, potentially, depending on the amount of evidence and legal back-and-forth.
Due to the ongoing cost of a drawn out legal procedure, over 95% of civil cases often settle before they hit the courtroom. A settlement can be reached at any point of the case, including after it ends. Car accident victims may hire an experienced auto accident attorney to handle the filing of the claim as well as the negotiations on the settlement. A professional auto accident attorney can expertly handle the situation and the legal proceedings. So if you or a loved one has recently been in an auto accident, make sure to contact an auto accident lawyer immediately.
What Do You Need to Prove to Win a Personal Injury Claim?
In the majority of personal injury lawsuits, there are three primary factors the plaintiff will need to prove to win the lawsuit:
- The responsible party must be found to have been negligent
- The negligence of the party must have caused the personal injury
- That injury needs to have resulted in some form of harm, such as compensatory damages
As an example, if you are crossing the street when the walk sign turns on and a person comes barreling through the red light and hits you with their car, they could be held liable. This is because their lack of attention to the red light would qualify as negligent, resulting in you being hit with their car. Any injuries sustained from the impact would be significant enough for medical bills, which the driver could be held liable for. More serious injuries such as an amputation injury should be compensated more.
Are Diseases Qualified Under Personal Injury?
Every state has different rules surrounding whether or not diseases qualify as person injury cases. Factors such as the severity of the symptoms of the disease, what the disease is, if the person knew they had the disease, and more can all affect the outcome for this type of personal injury case. If a partner knowingly gave you a disease that causes debilitating injuries, however, you may be able to receive compensation.
Based on the above items, it’s easy to see why receiving a disease from somebody else is challenging for a personal injury lawsuit. However, every case is unique and the circumstances of your own may more than justify a lawsuit. Don’t forget that personal injury lawsuits have a statute of limitations. For example, a lawsuit must be filed within two years from the date of injury in California, which is a common timeframe seen country-wide. It’s always best to speak with a professional personal injury lawyer to review the details.
Receive compensation today
Winning a personal injury lawsuit when you have contracted a disease from another person requires proving a large number of factors. However, with the help of the right personal injury attorney there may be compensation you can receive. Reach out for a consultation on your specific situation to see if there are legal options you can pursue.
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