Why Bring a Personal Injury Claim?
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Why Bring a Personal Injury Claim?
You may have a legal right to be compensated for injuries caused by someone else. If you or your property has been injured and another person or a company is at fault, you may be able to bring a legal claim against those who have harmed you, and they may have to pay you back for the losses they caused.
What Can I Recover for My Injuries?
If you win a personal injury lawsuit, you may be able to receive compensation for your hospital bills, loss of wages, emotional distress or loss of property. Most states allow you to recover for the loss that someone else caused even if you are partially at fault. You can also recover for:
- Economic losses: In addition to suffering physical or psychological injuries, you may also sustain severe economic losses, including loss of the ability to function at work, in which case you can include a claim for lost wages.
- Loss of enjoyment of life: If your injuries prevent you from experiencing life as you did previously, including enjoying time spent with family and friends, you may include loss of enjoyment of life as part of your claim.
- Property loss: If the accident caused you any loss to your vehicle, real property, clothing, etc. you are likely entitled to reimbursement for the amount of loss that you suffered as a result of the defendant’s negligence.
- Pain and suffering: If the accident has caused you serious discomfort and suffering, you may be entitled to compensation for the ongoing pain that you are suffering.
- Emotional distress: Many serious accidents that cause a psychological impact on the plaintiff allow the plaintiff to be reimbursed for the emotional damages. Emotional distress can include fear, anxiety,
What Should I Do After an Accident?
If you were injured in an accident, there are several things that you must do following the accident to protect your right to compensation if you were to file a personal injury claim:
- Write down all the information that you witness right after the accident including the other person’s name, insurance information, name of witnesses, your injuries, and any other losses that resulted from the accident.
- Collect all the evidence that you collected from the accident scene including notes from bystanders who observed the accident, photos, videos, and notes.
- Notify the responsible party of the accident that you intend to file a personal injury claim for your losses and injuries.
- Call the police to come to the accident scene to make a report
Filing a Personal Injury Claim for Negligence
If you were injured in an accident, you can file a personal injury claim against the negligent party who caused your injuries. Although they may not have intended to harm you, they may be guilty of negligence if their actions were careless or reckless under the circumstances and their actions caused your injuries.
Negligence is often the basis of a claim in automobile accidents, in which one of the drivers caused the accident. Negligent actions may include such behavior as speeding, driving under the influence of alcohol, talking on the cell phone, or texting while driving.
It is important that you consult a physician right after you were injured even if you don’t feel excruciating pain immediately. Keep detailed notes about any pain or discomfort you suffered after the accident because you will need to refer to them later if you decide to file a claim against the guilty party.
How Long Will It Take to Settle My Personal Injury Claim?
The amount of time that it takes to settle a personal injury claim depends on whether you want to accept less money to settle the claim or you want to drag on the claim in order to get a better settlement.
The main reasons that many personal injury claims take so long to settle are because:
- There are many legal issues that are involved in the case
- The case involves a lot of money and damages
- The liability of the defendant is hard to prove
- The plaintiff wants maximum amount and does not want to settle
- Plaintiff is still being treated for his or her injuries
Should I Consult an Attorney?
If you or someone you know has been injured due to someone else’s negligence, consult a personal injury lawyer who can advocate for your rights and help you recover damages for your injuries.
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Last Modified: 11-10-2014 11:55 AM PST
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