Sustaining an injury from an avoidable accident can be devastating. Thankfully, personal injury law in Washington, D.C., allows you to recover from whatever losses you suffered as a result. Therefore, if you sustained injuries in an accident in D.C., learn more about filing a claim and recovering damages.
When Should a Victim Commence a Personal Injury Claim in Washington, D.C.?
You can file a personal injury claim in D.C. when you suffer bodily, social, or emotional injury due to someone else’s negligence. More so, Washington D.C. personal injury law allows you to seek damages from the at-fault person. A lawyer or the court can ensure the defendant takes responsibility for their actions and pays you damages.
“Overall, the point of filing a personal injury claim is to ensure you get adequately paid for your losses,” says Attorney John Yannone of Price Benowitz Accident Injury Lawyers, LLP. Also, the essence of filing a claim for damages is to ensure you restore your health as wholly as possible.
What Accidents Can You File a Claim for?
When involved in an accident, any part of your body is in danger of exposure and subsequent injuries. A wide range of detrimental outcomes can occur, affecting everything from external body parts like your limbs to more delicate internal organs and even leading to death. Thus, if you sustained injuries in any of the following accidents in Washington, D.C., you might have a claim:
- Dog bites and other animal attacks
- Elder abuse
- Defective products
- Medical negligence, such as nursing facility abuse and unsafe pharmaceuticals
- Construction accidents
- Premises liability
- Toxic exposure
- Automobile accidents
- Pedestrian accidents
- Wrongful death.
How to Know If You Have a Valid Personal Injury Claim in D.C.
Not every accident constitutes a personal injury claim, at least not a valid one. In other words, being involved in an accident in D.C. does not automatically mean you have a valid personal injury claim. That is why many claimants are unable to receive their compensation, even if they take their case to trial.
On the other hand, many claimants are unsuccessful because they do not realize they have a strong case and are unprepared. Therefore, here are the factors to consider when determining whether you have a valid personal injury claim in D.C.:
- You had an accident and incurred losses that you (or a professional) can easily quantify and convert into monetary terms.
- The defendant’s actions or inaction caused you to suffer some losses.
- Your injuries are real (not imaginary), whether physical or mental, and you have evidence for them.
Damages You Can Potentially Recover in a Washington D.C. Personal Injury Case
You can recover damages for your injuries if you prove the incident involved the defendant. In other words, you must prove the defendant caused your injuries in the accident.
Now, once you can prove that, you can either recover compensation for losses directly or indirectly incurred by your injuries. D.C.’s personal injury law recognizes that there are two particular types of damages you can recover: special and general.
General Damages
This type of damage covers discomfort, trauma, and mental agony, and they are often difficult to allot a dollar amount. To give this type of damage a dollar amount, you need an expert witness’ testimony, like a psychiatrist.
Special Damages
Medical costs, loss of wages, and loss of potential earnings, among others, all fall under special damages. Thus, you would get special damages for losses you can put a monetary value on.
What If You Do Not Want a Personal Injury Lawsuit?
If you do not want to file a personal injury lawsuit, there are other ways you can recover damages. One such alternative remedy is an injunction ordering the defendant to take specific measures. That is, the court can order the defendant to stop actions that endanger the public by committing hazardous torts.
Conclusion
The intricacies of personal injury law in D.C. necessitate legal counsel. Therefore, if you sustained injuries in an accident in Washington, D.C., and want to file a claim, you should consult a lawyer.
