Accidents can cause serious injuries to our bodies, emotions, or finances. A personal injury claim may be available if someone else’s negligence caused an injury. The world of personal injury claims is complex. This guide will break down key elements of understanding personal injury claims to help you make informed, well-informed decisions.
- What is a Personal injury claim?
A personal injury lawsuit is the legal action taken against another person by a plaintiff (the injured party) who has suffered physical or emotional harm or financial loss due to negligence or malicious actions committed by the defendant. The goal of filing a claim for personal injury is to get compensation (often in the form of financial damage) to help the injured recover.
- Personal Injury Lawsuits Can Be Classified In Several Ways
A range of circumstances may give rise to personal injury lawsuits, including:
- Car Collisions:Automobile collisions result in common injuries.
- Slip, Trip, And Fall Accidents: These injuries are caused by unsafe conditions on someone else’s property.
- The Medical Malpractice Act:This act is brought by a plaintiff when the negligence of a health care provider causes harm or injuries to a victim.
- Products Liability:Injuries caused by defective products or inadequate warnings can lead to product liability claims.
- Injury at Work:Depending on the circumstances, an employee may be able to file either a workers’ comp claim or a personal injuries claim if they are injured on the worksite due to unsafe workplace conditions or negligence from the employer.
- Establishing Liability
A successful claim for personal injury requires establishing fault or showing the defendant to be at fault. In many cases, this involves demonstrating the defendant’s negligence. To establish the defendant’s Liability, you need to prove typically:
- Duties of Care:A defendant is responsible for acting with reasonable care and in accordance with the circumstances.
- Breach in Duty:Failure to comply with the expected duty.
- Causation: A breach of duty by the defendant directly caused your injury.
- Losses:Your losses include medical bills, lost wages, and pain and suffering.
- Insurance Companies’ Role
Insurance companies play an important role in many cases involving personal injuries. The insurance provider of the responsible party typically handles the claim. Understand that insurance companies want to reduce their financial risk. The insurance company may then try to offer an immediate settlement, which may not fully compensate for your injuries.
Consult an experienced attorney for personal injury before accepting any settlement offers from insurance companies. An attorney can help evaluate the fairness of an offer and negotiate on your behalf to ensure that you receive the compensation to which you are entitled.
- Evidence and Its Importance
A personal injury case is only complete with evidence. Your case will be strengthened if you collect and preserve the necessary evidence. You can include:
- Medical Record:Documentation about your injuries, medical treatments, and expenses.
- Photographs: Photographs of the accident and its scene and pictures of your injuries or property damage can provide visual proof.
- Eyewitness Statements:Statements made by witnesses who have witnessed the accident and its aftermath can help you support your version.
- Expert Evidence:It is possible to call on expert witnesses such as medical professionals, accident reconstruction experts, or other specialists in certain circumstances.
- Documentation and Expenses:Maintain all records related to your injuries, including medical expenses, receipts from property damage repair or lost wages, and any other costs.