A personal injury claim is built on accidents and actions that result in injury. Under this claim, the victim seeks compensation for the injuries he or she sustains. However, before filing a claim, it is essential for the victim to have a clear understanding of the nature of different personal injury claims.
Very often, pursuing a personal injury claim appears to be a complicated process mainly because the victim does not know about the legal proceedings following an accident. So, it is important for a person to be informed about the claim- so much so that it becomes easier for the victim to know what is being done at all steps in the process.
An Injury and An Actionable Claim: When Does it Occur?
The simple fact that a person is injured does not mean that an actionable claim exists. There must be some strong legal grounds to recover the losses in a personal injury claim. The most common legal aspect in such claims is negligence. This means that the victim has to prove that the defendant was negligent and caused the said injury. For instance, if the injury occurred at a store, the owner is responsible to make the store a safe premises.
The victim must prove through an injury attorney that the defendant was negligent in performing this duty, and did not make the environment safe. For instance, the defendant may have failed to take precautionary measures to make the store environment safe. Hence, the victim has to prove that the injuries were caused by the negligence of duty on part of the defendant.
Other legal theories can also be applied here such as strict liability or intentional torts. However, regardless of the theories applied, the burden of proof lies with the plaintiff to demonstrate every necessary element in the claim substantially exists to seek recovery.
Various Types of Personal Injury Cases:
When they hear the term ‘personal injury claim,’ most people often take it to mean something similar to pursuing a claim after someone has sustained a physical injury. It is important to understand that ‘personal injury’ covers a wide spectrum and physical injuries are just one type of personal injury cases. There are several other cases that fall within the personal injury category such as premises liability, animal attacks, medical malpractice, wrongful death, assault and battery, intentional emotional distress, and any case in which a person suffers an injury due to the actions of another person.
Insurance Companies and Personal Injury Cases:
Personal injury cases will usually involve insurance companies, whether it is a case related to automotive, medical malpractice or accidents that occurred at private homes or in a business environment. It should always be kept in mind that insurance companies are will always look to protect their own financial interests first and foremost. Usually, after an accident, these companies will offer a settlement which may be unfair because they attempt to minimize their financial exposure. It is at such times that the value of having a good and experienced injury attorney in your corner becomes apparent.
Most Personal Injury Claims Get Resolved Outside the Court:
Given the nature of personal injury cases, most often, these claims are settled outside the court. This means there are other channels of conflict resolution are employed, and the judge or jury does not have to decide the fate of the case. the personal injury attorney of the victim negotiates the monetary terms with the insurance carrier or the defendant.
In the end, the victim has to decide whether to accept the settlement or not. At times, the settlement is done through mediation which is a collaborative process. If the case is not settled, the matter may be taken to the court.
Despite Being Partially at Fault, Claim Can be Pursued:
Most of the states follow the comparative negligence model in personal injury claims that allow the victim to seek personal injury lawsuit despite the victim is partially at fault. According to the laws of these states, the victim has to pay the amount of fault that he or she is responsible for. For instance, if the victim is 10% at fault and suffered the damage of $200,000, the recovery of damages will be $180,000.
It Requires an Experienced Lawyer:
Usually, personal injury cases are complicated. A victim may need an experienced lawyer and for that, he or she has to conduct multiple interviews to find the right personal injury attorney. Given the extensive injuries the victim suffers, it is important to find an attorney who can serve the interest of the clients. Moreover, the attorney should be experienced who can seek maximum recovery.
While finding the right attorney, the victim can ask the attorney about the experience and success ration in personal injury claims.
Statute of Limitations:
In personal injury cases, the victim may have a limited time to file a case. Once that time period has lapsed, the victim loses their right to file a claim, as well as the claim is barred forever. Different states have different time-frames they have set within which they must file a personal injury claim.