Personal Injury
Fry | Goehring successfully helps the injured recover the compensation they deserve.
Cases We Handle
Personal Injury
Auburn Personal Injury Lawyers
If you’ve been injured in an accident in Auburn and it wasn’t your fault, you understandably have a lot of questions. Who’s going to pay for my medical bills? What am I going to do if I’m out of work? How am I going to support my family?
Don’t worry. At Fry | Goehring, we’re here to help. Let’s take the first step by understanding what’s considered a personal injury in the eyes of the law.
What Is Considered a Personal Injury?
Legally speaking, a “personal injury” refers to physical, emotional, or psychological harm inflicted on an individual due to the negligence or wrongful actions of another party. This legal term encompasses a wide range of incidents, which we’ll discuss after this section.
At its core, personal injury law aims to provide relief to victims who have suffered harm and to hold the responsible parties accountable. The legal framework allows injured individuals to seek compensation for their losses, which can include medical expenses, lost wages, pain and suffering, and emotional distress. To establish a personal injury claim, the injured party must generally prove four key elements — duty of care, breach of duty, causation, and damages.
- Duty of Care: This refers to the legal obligation one party has to avoid causing harm to another. For instance, drivers must adhere to traffic laws to ensure the safety of others on the road.
- Breach of Duty: If a party fails to meet this obligation—such as speeding or ignoring safety protocols—they may be deemed to have breached their duty of care.
- Causation: The injured party must demonstrate that the breach directly caused their injuries. This can be complex, especially in cases with multiple contributing factors.
- Damages: Finally, the claimant must provide evidence of the damages incurred as a result of the injury, which can be physical, financial, or emotional in nature.
Now that you have a decent understanding of what constitutes a personal injury, let’s take a look at some of the most common types we see in Auburn.
Common Types of Personal Injury Cases in Auburn
Personal injuries can arise in a multitude of scenarios, each with its own nuances and legal implications. Here are some of the most common we see in the Auburn area.
Motor Vehicle Accidents
These are among the most frequent personal injury cases. Car, truck, and motorcycle accidents often involve negligence, such as distracted driving, speeding, or driving under the influence. Victims may suffer from physical injuries, emotional distress, and financial losses.
Slip-and-Fall Incidents
Property owners have a legal responsibility to maintain safe environments for visitors. Slip-and-fall injuries can occur due to hazardous conditions like wet floors, uneven surfaces, or inadequate lighting. Establishing negligence is key in these cases, often requiring proof that the owner knew about the hazard yet failed to address it.
Medical Malpractice
When healthcare professionals fail to provide the standard of care expected in their field, resulting in harm to a patient, it may constitute medical malpractice. Common examples include misdiagnosis, surgical errors, and medication mistakes. These cases often involve complex medical evidence and expert testimony.
Product Liability
Consumers have the right to expect that the products they purchase are safe. If a defective product—be it a car, toy, or medication—causes injury, the manufacturer, distributor, or retailer may be held liable. Claims can be based on design defects, manufacturing flaws, or insufficient warnings.
Workplace Injuries
Employees injured on the job may pursue workers’ compensation claims. These injuries can range from slips and falls to repetitive strain injuries. While workers’ compensation typically limits the right to sue employers, third-party claims may be possible if another party contributed to the injury.
Assault and Battery
Intentional acts of violence can also lead to personal injury claims. Victims may seek compensation not only for physical injuries but also for emotional trauma and medical expenses.
Regardless of the cause of your accident, it’s the personal injury attorney’s job to hold the responsible parties accountable by pursuing compensation for the injured party. Let’s take a look at what those damages might look like.
Damages Available in Auburn Personal Injury Cases
When pursuing a personal injury claim, understanding the types of damages you may be entitled to is crucial. Damages are financial awards meant to compensate victims for their losses resulting from the injury. They generally fall into two main categories: economic and non-economic damages.
Economic Damages
Economic damages cover quantifiable financial losses directly linked to the injury. These may include:
- Medical Expenses: Costs for hospital visits, surgeries, rehabilitation, medications, and any ongoing medical treatment required due to the injury.
- Lost Wages: Compensation for income lost during recovery. This can also include future earnings if the injury impacts the victim’s ability to work long-term.
- Property Damage: Repair or replacement costs for damaged property, such as a vehicle in a car accident.
- Other Out-of-Pocket Expenses: This may encompass transportation costs for medical appointments, home modifications, or any necessary assistive devices.
Non-Economic Damages
Non-economic damages are more subjective and address the emotional and psychological impact of the injury. These may include:
- Pain and Suffering: Compensation for physical discomfort and emotional distress experienced as a result of the injury.
- Emotional Distress: Awards for anxiety, depression, or any significant mental health issues that arise due to the injury.
- Loss of Enjoyment of Life: Damages awarded for the inability to partake in activities or hobbies previously enjoyed, impacting overall quality of life.
- Loss of Consortium: Compensation for the impact an injury has on relationships, particularly in cases where a spouse’s ability to provide affection and support is diminished.
Punitive Damages
In some cases, victims may also be eligible for punitive damages, which are intended to punish the wrongdoer for particularly egregious behavior and deter similar actions in the future. These are less common and generally only awarded in cases of gross negligence or intentional misconduct.
While it’s your attorney’s job to make a case for all of the damages you’re owed, there are a few steps you can take in the meantime to strengthen your case. Let’s take a look at those now.
Steps to Take After an Accident in Auburn
Knowing the appropriate steps to take immediately following an incident can significantly impact your recovery and your potential legal claim. Here’s what you need to do.
Seek Medical Attention
Even if injuries seem minor, it’s crucial to seek medical evaluation. Some injuries may not be immediately apparent, and timely treatment can prevent complications. Document all medical visits and treatments, as this information will be vital for your claim.
Report the Incident
If applicable, report the accident to the relevant authorities. For vehicle accidents, call the police to file an official report. In workplace incidents, notify your supervisor. This documentation serves as an essential record of the event.
Gather Evidence
Collect as much evidence as possible to support your claim. Take photographs of the scene, including any visible injuries, property damage, and environmental conditions. Gather contact information from witnesses who can corroborate your account.
Document Everything
Keep detailed records of all related expenses, including medical bills, repair costs, and any other financial losses incurred due to the accident. Additionally, maintain a journal documenting your pain, suffering, and emotional distress.
Avoid Discussing the Incident
While it’s essential to report the accident, be cautious about discussing it with others, especially insurance adjusters. Stick to the facts and avoid admitting fault or speculating about what happened, as this could jeopardize your claim.
Consult a Personal Injury Attorney
Engaging a qualified attorney can be one of the most crucial steps you can take. They can provide guidance on your rights, help you navigate the complexities of the legal process, and ensure you pursue all available compensation.
Need a Personal Injury Lawyer in Auburn? Fry | Goehring Is Here to Help
If you’ve been injured due to someone else’s negligence, navigating the complexities of a personal injury claim can be daunting. At Fry | Goehring, our dedicated team of experienced personal injury attorneys is here to guide Auburn accident victims every step of the way. We understand the emotional and financial toll an injury can take, and we are committed to fighting for the compensation you deserve.
Ready to get started? Reach out to Fry | Goehring today to schedule a free consultation. Remember, we work on a contingency fee basis, which means you won’t pay anything unless we win.
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