Personal Injury Claims
What is a Personal Injury Claim?
A personal injury claim attempts to recover money for an injury that was caused by the fault of another. When a person is injured, and the injury was the fault of another, they may have a legal right to recover for the damage they incurred. If the person who caused the injury is found liable they will be held personally responsible for the damages. Common types of personal injury claims involve slip and fall accidents, automobile accidents, product liability, and animal attacks.
What Area of Law Does Personal Injury Utilize?
Personal injury is based on tort law, which covers behavior which causes injury, suffering, or harm to another person. Tort law is categorized into three different types:
- Intentional – such as battery
- Unintentional – all types of negligence claims, including automobiles and animal attacks
- Strict Liability – product liability and ultra-hazardous activities like transporting dangerous chemicals or using explosives
What Should I Do if I Intend To Bring a Personal Injury Claim?
First, seek medical assistance. Your health is important, so don’t be shy about getting medical attention. You can seek therapy, medication or surgery, whatever you and your doctors believe will help. This has the dual purpose of documenting the extent of your injuries, which is important since personal injury claims require proof of injury before any compensation can be offered.
Second, collect proof of the injury. Take photos if possible, write down names of witnesses, and keep all medical and insurance documents. If at all possible, find evidence which links the accident to your injury.
What Kind of Compensation Can I Receive?
In personal injury cases, the compensation is typically money. The amount of money will depend on three types of factors: compensatory, nominal, and punitive damages. Compensatory damages are to help the injured recover, so these damages will typically cover your medical and insurance bills. Nominal damages are small amounts of money which represents an acknowledgment that the injured have been legally wronged. Finally, punitive damages are designed to punish the defendant for engaging in behavior, or failing to engage in behavior, which harmed you.
Do I Need a Lawyer?
Many people suffer needlessly at the hands of others. It is even more tragic if accident victims have to pay the economic price for the other person’s carelessness. Even when accident victims are compensated, insurance companies often give accident victims less recovery than required by the law. An experienced personal injury attorney can help you get what you deserve.
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Last Modified: 02-11-2014 12:28 PM PST
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