Filing for Personal Injury Claims: What You Should Know

man filing for personal injury claim

Negligence is a huge factor in personal injury lawsuits and claims. It’s where another individual or organization has been guilty of wrongdoing or negligence, resulting in another person’s unnecessary injuries or death. Most courts can hold negligent parties responsible. If that happens, their insurance provider will be responsible for monetary compensation resulting from the damages associated with the injuries.

You can get your rightful compensation by filing a lawsuit or claim. Here’s a guide that might provide a clearer picture of how you should file for your claims:

Defining Negligent Actions

Negligence refers to careless action. For example, a drunk driver is a negligent driver who isn’t thinking about the safety of others. Or a property owner who refuses to fix a broken step on his property. In these cases, the court will call them the negligent parties who didn’t provide a safe environment for others. Misconduct and negligence are the most common causes of accidents involving pedestrians, trucks, or cars.

It can also include swimming pool accidents, train accidents, slip and fall accidents, hit-and-run accidents, construction accidents, and dog attacks.

What Is a Personal Injury Lawsuit?

Your personal injury claim or lawsuit refers to a legal case you can file if you got injured in an accident and another party is liable for it. It’s also the legal process of asking for compensation from responsible parties, usually their insurance provider. For most cases, you can use a no-win, no-fee agreement, meaning no upfront costs. It also means that your attorney won’t ask for their payment if you lose your car.

Usually, you can file a lawsuit for injuries under the following circumstances:

  • Another party partly or wholly caused injuries
  • Injuries led to financial, physical, and mental damages
  • You got injured within the last three years

Who Is Protected by This Law?

It protects individuals from injuries that result from another individual or organization’s intentional act of wrongdoing, malpractice, or negligence. It can include:

  • Your property (vehicle or home) was damaged by another individual’s car.
  • Injured kids resulting from an incorrectly designed car seat.
  • Both passengers and driver sideswiped because another driver didn’t obey the traffic rules.

What’s Covered by This Lawsuit?

consulting lawyer about personal injury claims

If you think of personal injury, injuries like soft-tissue damage, lacerations, and broken bones are the first things that come to mind. But you can also find different kinds of personal injuries that might or might not lead to physical damage. Injuries have four classifications: injury to reputation, intentional, financial, and physical. Your personal injury lawsuit might cover one or more of these categories.

Physical Injuries

Bodily injuries are the most common things people associate with personal injury. It can include all kinds of bodily damage, disability, or illness resulting from the negligent actions of another person. Most personal injury cases involve both minor and catastrophic injuries.

Damaged Reputation

Damage to your reputation can drastically affect your financial condition and emotional well-being. Defamation and slander fall under this category.

Intentional Injuries

Most personal injury claims involve negligence, which the court defines as the failure to be responsible that puts others at risk. But many also often cause intentional harm.

Financial Damages

Many cases also involve a specific degree of financial injuries, including lost wages because you can’t work and medical bills. However, you can also sustain financial damages without physical injuries, even if it’s a rare case. If your property gets devalued or injuries threaten your economic stability, you’ve already incurred financial damage.

What Should I Prove in Court?

You should prove in court that your incurred non-economic and economic damages, that the breach of duty caused your injuries, and the negligent party owed you a duty of care. Your injuries can include emotional trauma, pain and suffering, loss of income, and medical expenses. You’ll have to present and document these factors in your claim or lawsuit at the court of law.

Benefits of Hiring an Attorney

Hiring an experienced truck accident law firm offers different benefits, including:

  • Determining whether you might have a case. Injuries resulting from negligent actions might be the common foundation of personal injury claims or lawsuits. However, your accident’s circumstances will affect your case. Your personal injury attorney is already familiar with presenting your case in court.
  • Help meet the statute of limitations. Each state has its deadline for filing your claims or lawsuits. Your attorney can guide you in meeting this deadline.
  • File for compensation for your injuries. You might be eligible for damages for your injuries and emotional suffering. Your lawyers will pursue compensation in every area possible. Likewise, hiring an attorney will help you more likely get a reasonable settlement than victims who represent themselves.

Bear in mind that the responsible party’s insurance provider and their attorney will make every attempt to evade fault for your injuries. Hire a knowledgeable lawyer who’s already familiar with these techniques to prevent the defense from escaping.

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