Filing a Personal Injury Claim: What You Need to Know

If you are getting injured or fall ill for no apparent mistake of your own, look for aid in order to get compensation. The very first step in getting compensation and suing the person at fault is to file a personal injury claim. This one needs to be a little more complicated so you are not stuck doing the hardest part of all, financially and emotionally by your lonesome.

This article will explain everything you need to know regarding what it means to file a personal injury claim, who can be potentially liable and make expectations out of the process. Whether you are pursuing a claim against an individual, a business or a government agency, it is important to know what your rights are in order for you to properly conduct your claim.

What is a Personal Injury Claim?

A personal injury claim is, of course, the legal mechanism through which an injured person either settles with the at-fault party or be awarded damages following a trial. Falls under all sorts of incidents, car accidents, medical malpractice, workplace injuries and defective products etcetera.

Personal injury claims are born out of the notion of negligence. If an individual is injured through negligence or because of recklessness from another party, they may be able to sue the person responsible and receive a settlement that covers their medical bills, lost income, pain and suffering etc.

When Can You File a Personal Injury Claim?

You could have grounds to file a personal injury claim if their actions — or lack of action — left you injured. Personal injury claims are involved in some common scenarios such as:-

• Motor vehicle crashes: If you were struck by another driver while driving, riding in a vehicle, cycling or walking (as long as the driver was negligent), then you can file a personal injury lawsuit.
• Slip and fall: When slipping on slick or poorly maintained premises causing injury, the owner of such premises may be liable.
• Workplace injuries: You may have a personal injury claim if you were injured on the job and that work-related accident was caused by someone other than your employer or co-worker.
• Product malfunction: Manufacturers are accountable for injuries resulting from malfunctioning products that include each time a product is marketed and has no harmful traits, but can be dangerous to people.

Who Can You Hold Responsible?

Individual personal injury claims But based on where you were injured in the majority of cases, here are what parties (or entity) you can hold liable for your injuries:

1. People: Often, a personal injury lawsuit is filed against someone whose actions or failure to act resulted in harm. If you, for instance, get into a car accident because of an irresponsible driver — it is their name that you have to file your claim against.
2. Companies: If you are harmed because of the negligence of a company, such as handling a slip and drop on an improperly sustained store or being hurt by a malfunctioning product, it is possible to file suit there.
3. Government agencies: If you are injured on property owned by the city, county or state; or if a public official left some dangerous condition on the roadway which caused your accident, you might have a claim against that local, state or federal government agency. But given that there are different rules for filing claims against the government, and they must be filed on short notice, you should not delay.

The Process of Filing a Personal Injury Claim

Steps in a personal injury claim with an experienced legal team like Stewart Miller Simmons Trial Attorneys representing you, the process gets easier and your chances of getting fair compensation can improve. The process is usually as below:

1. Consult with an attorney

You know eventually that you will need to contact an injury attorney for your case. This consultation allows the lawyer to examine your case, assess your injuries, and determine whether you have a valid claim. This is an important step in knowing what legal options you have and how to proceed moving forward.

2. Filing the claim

Once he has gathered all the evidence, your lawyer will draft an official demand letter to send to the insurance company of the party that caused your accident. This will be the claim that explains what happened in the accident, what your injuries are and how much you want in damages.

3. Negotiating with insurance agreements

This means insurance companies will typically try to pay less. They could also deny your claim outright or propose a low settlement. Your lawyer can negotiate on your behalf with the insurance company to make sure you get a reasonable settlement. If a fair settlement deal cannot be reached, your attorney may recommend going to trial.

4. Litigation and trial

If your lawyer is unable to negotiate a settlement you lawyer will file a lawsuit and your case will go to court. The case will go to trial, where each party will present evidence and argue their position to a judge or jury that will decide the issue. An attorney with the appropriate skills can make or break you in court, feeding the evidence through effectively and arguing your case.

What can you recover in a personal injury claim?

If you win a personal injury case, there are different types of damages you could be eligible to receive depending on the seriousness and nature of your injuries. These damages can include:

• Medical expenses: Although these expenses you bear for your medical care from the hospitalization and surgery to post-operative treatment and future care.
• Lost earnings: If your injury keeps you out of work, you can claim damages for lost wages both past and future.
• Pain and suffering: Personal injury claims make up past, present, and future physical pain one has gone through as well as all emotional distress that it brought along.
• Property damage: if your property (like your car) was damaged in the accident, you can claim for reimbursement of the costs of repair or replacement.
• Punitive damages: In certain cases, courts grant punitive damages which are to rebuke the offender for particularly severe conduct.

Conclusion

When you file a personal injury claim, you are taking an important step towards making at-fault entities responsible for their actions and getting the compensation you need to get your life back on track. When filing a claim against an individual, business, or even a governmental agency the process will go much smoother and you stand a higher chance for obtaining relief if you are working with a seasoned personal injury lawyer.

When you have been harmed because of negligence on someone else’s part, there is no time to wait for you to research what your legal options are in that situation.