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When Can You File a Lawsuit for Personal Injury?

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Many of us get hurt or injured at some point in our lives, be it a slip and fall or a car accident. It’s common that not every misadventure will necessitate legal action, but what if your injury or harm is due to someone else’s negligence? You may then have a valid reason to make a personal injury claim against the perpetrator.

Here are some things you should consider before filing a claim or lawsuit when you have sustained injuries in an accident.

Types of Legal Claim

To make a legal remedy for physical harm, you can either file an insurance claim filed with the insurer of the party at fault or a personal injury lawsuit in court. Both actions will allow you to claim a certain amount of compensation for damages, which cover your losses as a result of the accident and the injuries sustained from that. These losses also include your medical bills, pain and suffering damages, lost income, and other types of losses. Here is a reliable hackensack personal injury lawyer.

There are many different types of incidents and legal claims, and below is a summary of a few general types of cases where you are eligible to claim compensation. You can claim compensation either from an insurance claim or a civil lawsuit under these circumstances:

1. Slip and Fall

If you happen to sustain injury from a slip and fall in a store, workplace, or on any property premises, the liability falls on the property owner of the particular premise.

2. Car Accident

For a car accident due to the driver’s negligence, the usual liable party is the driver who is at fault.

3. Medical Malpractice

Medical malpractice usually leads to a patient’s injury or death due to medical negligence and is a unique type of personal injury case. You can file a civil lawsuit or insurance claim against doctors, medical professionals, or even hospitals and medical facilities.

4. Assault and/or Battery

Unlike most personal injury claims which occur due to negligence, assault cases or intentional torts are not accidental. These cases, which consist of sexual crimes, false arrest, or assault and battery, arise when one person intentionally harms another, resulting in injuries. The liability thus falls on the perpetrator or aggressor.

5. Defective Product

For any injury caused by a product, the product manufacturer must pay compensation.

6. Animal Attack/Dog bite

If you are bitten by a dog due to the owner’s negligence, then the owner is liable for the injury sustained by the victim. You are able to file a civil lawsuit or a homeowner’s insurance claim.

Besides a personal injury compensation claim, there is another type of claim you can make called the Workers’ Compensation Claim. If you suffer an injury at work, you can turn to a workers’ compensation insurer instead of a lawsuit to recover your losses. In most workplace accident cases, the injured worker is prohibited by law from suing his or her employer. As obliged by state law, most employers are required to provide workers’ compensation insurance coverage for their employees.

Things you need to make a case

In order to claim compensation for your personal injury, you need to be able to show liability on the part of the other party and prove that your injury is purely due to the other party’s negligence. 

As stated by personal injury law, the responsibility of proving fault and damages is in the hands of the individual making the claim. If your claim makes it successfully to trial, you will then have to prove your case by presenting evidence that is more credible, convincing, and true than that presented by the other party. This evidence includes the cause of your injuries, the extent of severity of your injuries as well as the defendant’s liability. It is difficult for your case to reach the verdict stage, and even more unlikely that your case would arrive at the trial stage, but understanding the burden of proof in a personal injury case and using it as an assessment of the strength of your case would aid in the higher success of your case.

However, no two personal injury cases will follow the same path as no two accidents are the same, and not every case will boil down to the issue of whether the other party was indeed negligent. For instance, if you happen to hurt yourself on the job, you would have to file a Workers’ Compensation Claim according to the procedures in your state instead of a civil lawsuit.

What evidence do you need to prove your claim?

To successfully prove your case in the event of a personal injury caused by another party, you will have to show concrete evidence that the other party was indeed negligent. The kinds of evidence required vary according to the nature of the accident and the type of claim you are making. They include:

  • An incident report produced by a business outlet in the event of a slip and fall at the particular premise
  • Eyewitness statements that attest to the details of how your injury occurred
  • A police report in the event of a car accident
  • Photographs capturing the accident scene and other evidence that can prove the circumstances or cause of injury
  • Records of all medical treatment related to your injury, such as visits to the clinics, hospitals, therapists, etc.
  • Testimony from a medical professional or doctor with regards to the cause of your injury, to prove that the injury was not simply due to an existing or unrelated injury
  • Records documenting your time missed at work and your typical income in the case of a lost wages claim

Lastly, it is best to seek out a lawyer to represent you and for them to advise and help you determine whether your case is valid and strong. Having an experienced personal injury attorney would greatly help in proving your case, especially if you are not sure what type of evidence is required or how to get them.

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Finance

Innovative finance mechanism to support Uruguay’s energy transition

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A joint UN proposal in Uruguay, with the United Nations Industrial Development Organization (UNIDO) acting as lead agency, seconded by UNDP and UN Women, has been approved by the United Nations Joint Sustainable Development Goal (SDG) Fund. This was announced today as part of a Joint SDG Fund US$41m portfolio to catalyze strategic financing to accelerate the Sustainable Development Goals.

Uruguay is one of four countries, and the only one in Latin America, to be selected for funding. The UNIDO-led proposal for Uruguay, along with ones from Fiji, Indonesia and Malawi, was selected from 155 proposals from over 100 country applicants across the globe.

The programme will establish a Renewable Energy Innovation Fund (REIF) to support Uruguay´s second energy transition, with the objectives of decarbonizing the economy and boosting competitiveness. The REIF will combat climate change by helping transition Uruguay’s transportation and industry sectors to green energy and by providing affordable access to innovative clean technologies.

The Joint SDG Fund will provide a grant of US$10m, leveraging around US$70m of co-financing from regional development banks and private commercial banks. The REIF will support cleantech financing in energy storage, smart grid, green hydrogen, electro-mobility and waste management/treatment technologies. 

Manuel Albaladejo, UNIDO Representative and the UN team leader designing the Uruguay proposal, stated, “This programme sets a precedent on how UNIDO should approach development cooperation in middle-income countries. Besides UNIDO´s well-known technical expertise, understanding and deploying innovative financing mechanisms to leverage co-funding from development finance institutions and even commercial banks will be key to UNIDO´s work. Indeed, the UN reform and the multilateral funds such as GEF and GCF emphasize the need to shift to impact investments that tap into private sector financing.”

Mireia Villar Forner, United Nations Resident Coordinator in Uruguay, said, “Thanks to the support of the Joint SDG Fund, the UN team is better equipped to support the alignment of private investments to the SDGs through the establishment of a national ecosystem for impact investment. Without a doubt, it changes the way we work.”

Omar Paganini, Uruguay’s Minister of Industry, Energy and Mining, said, “On behalf of the Ministry, we are very enthusiastic about the support received from the SDG Fund, which will be a great contribution to promote Uruguay´s second energy transition. The REIF is an innovative instrument that powers and deepens the impact of our public policies. We believe it will boost Uruguay´s efforts to achieve the SDGs.”

The Joint Sustainable Development Goals (SDG) Fund is an innovative instrument to incentivize transformative policy shifts and stimulate the strategic investments required to get the world back on track to meet the SDGs. The UN Secretary-General sees the Joint SDG Fund as a key part of the reform of the UN’s development work by providing the “muscle” for a new generation of Resident Coordinators (RCs) and UN Country Teams (UNCTs) to really accelerate SDG implementation.

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Estonia provides good support to jobseekers, but does not reach everybody

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The Estonian labour market has outperformed most EU countries after the global financial crisis. The employment rate of people in working age stood at 73% in the third quarter of 2020, up from 61.3% in 2010 and above the OECD average of 66.7%. Estonia provides comprehensive and targeted support to jobseekers, workers and employers. The Public Employment Service provides effective policies addressing the individual needs of the clients and cooperates pro-actively with a wide range of stakeholders. However, many people still lack stable jobs and incomes and are not in touch with the Public Employment Service to get the support they need, according to a new OECD report.

Connecting people with jobs: Improving the provision of active labour market policies in Estonia says that despite good labour market outcomes, about one quarter (26%) of the working age population could achieve better labour market outcomes through targeted support. Many of them face challenges related to their skills (68%) and family-related challenges (64%), such as care obligations. In many cases, they face several obstacles simultaneously and require an integrated approach.

Estonia’s active labour market policies (ALMPs) are responsive to labour market needs. However, ALMPs reach only 39% of people who are weakly attached to the labour market, and only 33% of people who are out of employment for more than one year.

“Reinforcing outreach to vulnerable groups far from the labour market is crucial to ensure that more people in Estonia get the support they need,” said Stefano Scarpetta, OECD Director for Employment, Labour and Social Affairs.

Improved cooperation between the Public Employment Service and other relevant institutions providing social, health and education services would help reduce gaps in support to vulnerable groups. Notably, municipalities should be the “first respondents”, supporting vulnerable groups with social welfare services, and cooperating with other institutions when needed. 

Further improvements in the provision of ALMPs could be supported by a leaner regulatory framework. The current legal regulations support flexible and effective policy responses but are complex, which leads to administrative inefficiencies. A leaner regulatory framework would enable Estonia to support flexibility in policy design while maintaining the capacity to respond to labour market changes.

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UNIDO works to scale up the ICT start-up ecosystem in Iran

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photo: UNIDO

Together with its national counterparts from the Information Technology Organization of Iran’s Ministry of Information and Communication Technologies and in partnership with the Erasmus Centre for Entrepreneurship, the United Nations Industrial Development Organization (UNIDO) is taking the next step to implement the project, “Promoting and upscaling innovative SMEs in the Islamic Republic of Iran”.

The project aims to nurture the entrepreneurial ecosystem for ICT start-ups and scale-ups through international exposure and fostering technology and know-how exchange. In this context, a comprehensive dialogue between governmental institutions and leaders in the private sector has been launched, thereby providing a mechanism for Iranian startups to connect with institutional actors and successfully start scaling up.

An ICT ecosystem mapping exercise has revealed that Iran already possesses extensive scientific, technological, financial and highly qualified human capital to boost its SME sector. However, it is currently not living up to its potential and there is a need to provide a mechanism for establishing linkages with key stakeholders, including access to finance and relevant advisory support. This way the project builds competitiveness and supports the development of innovative enterprises.

Amir Nazemi, Deputy Minister at Iran’s Ministry of Communication and Information Technology, said, “Aiming to diversify its economy and attract foreign investment, Iran has made a considerable effort to develop a dynamic national innovation system and is moving steadily towards a knowledge- and innovation-based economy. As a result, our human capital is now comprises highly educated and motivated workforce, including scientists, entrepreneurs and business people. Knowledge-based entrepreneurship is a key tool in Iran for employment generation, providing new opportunities for labour market integration of young professionals and serving as a powerful impetus for knowledge-based development of the country’s economy as a whole.”

Based on the findings regarding the existing constraints and opportunities of the ICT sector, the UNIDO project team has proposed a roadmap that envisages short-, medium- and long-term interventions in both public and private sectors, addressing several problem areas, such as knowledge generation and transfer; access to finance; nurturing of entrepreneurial talent and skills, as well as stimulating interaction and collaboration within the ICT ecosystem.

“The level of engagement from prominent public and private sector representatives related to the ICT sector has demonstrated the importance such initiatives have in making the ecosystem for ICT startups more vibrant and sustainable,” said Maryam Javan Shahraki, UNIDO representative in Iran.

She added, “UNIDO looks forward to further extending our support to the government of Iran in its efforts to promote internationalization of ICT-related entrepreneurs through the virtual entrepreneurship hub that will become a major platform for knowledge exchange and support services for ICT startups, as well as facilitating partnerships with domestic and foreign partners and inter-institutional networking.”

As part of the public-private initiative, in cooperation with its national and international partners, UNIDO conducted a two-day workshop for major ICT sector stakeholders, including government entities, entrepreneurs and other key players, to present key findings of the initial phase of the project and the forthcoming action plan, while also providing an opportunity for a thorough exchange on how to reduce the existing  development gaps between science and industry thereby raising Iran’s profile as a knowledge-driven economy.

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