Personal Injury

Personal injury claims are separate and distinct from work comp or PERA claims. A firefighter who is hurt due to the negligence of another person or company, can bring a personal injury lawsuit, in what’s referred to as a third-party claim.

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However, a firefighter cannot sue the fire department for negligence. Even if the department allowed unsafe practices or could have prevented a firefighters’ injury, the department cannot be sued in a personal injury lawsuit. But, a firefighter would have a work comp claim. Work comp, unlike personal injury, is a “no-fault” system. You do not have to assign responsibility in order to receive benefits.

Personal Injury lawsuit Examples:

  1. Injured while driving a vehicle while on duty

    Lawsuit is against the other driver

  2. Injured from exposure to toxic foam while firefighting

    Lawsuit is against the manufacturer

  3. Injured from exposure to asbestos

    Lawsuit is against the manufacturer

  4. Injured while firefighting due to defect in structure

    Lawsuit is against the homeowner or owner of the structure

  5. Injured while firefighting due to onlookers on the scene

    Lawsuit is against the homeowner or business’s insurance

Personal Injury Claims:

  • Past and future wage loss

  • Past and future medical expenses

  • Past and future pain and suffering

  • loss of consortium (spouse’s claim)

How long does a personal injury claim take?

The work comp process is not a quick process and personal injury cases are often even longer. The vast majority of personal injury cases settle and do not reach a jury trial, which can take years. Personal injury cases should not be settled quickly as a general rule. If they are settled quickly, you may not know the full extent of your damages from the accident.

These lawsuits due to the negligence of another can result in very substantial damages for victims. The attorneys at Schmidt & Salita Law Team have recovered large settlements and jury verdicts for our clients, including amounts well over a million dollars. We do not dabble in personal injury, this is an area in which we regularly practice, and pride ourselves in our knowledge, experience, and expertise. We are well versed in maximizing our clients recovery across all areas of the law.