Do You Have a Personal Injury Claim?
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How Do I Know If I Have a Personal Injury Lawsuit?
Many people may fail to obtain compensation for a personal injury simply because they didn’t know that they had a viable claim on hand. You may have a personal injury claim if:
- You have suffered losses that can be readily measured and translated into a monetary figure
- Your losses were caused by the defendant
- You have injuries that are real and not imaginary (physical injuries are easier to prove, but mental or emotional injuries often qualify as well)
Most injury lawsuits involve negligence on behalf of the defendant, though some cases involve intentional conduct. This means that it is possible for you to recover damages even if the defendant did not act intentionally (as in a car accident, slip and call case, or other similar claims based on negligence).
What Are Some Remedies in a Personal Injury Lawsuit?
Most personal injury lawsuits involve a monetary damages award as the main form of remedy. This is usually set to cover:
- Costs associated with treating an injury, such as hospital costs, medical fees, rehabilitative measures, medicines, etc.
- Costs of repairing property (very common in automobile accident cases)
- Court fees and attorneys fees (may be subject to limitations which vary by state)
- Other losses such as loss of earning capacity or lost income
Other remedies can also result in a personal injury lawsuit besides monetary damages. Perhaps the most common alternative is an injunction requiring the defendant to perform certain actions, or requiring them to refrain from doing something. An example of this is a court injunction requiring the defendant to cease activities which are causing toxic tort injuries to the public.
What Is a Frivolous Lawsuit?
A frivolous lawsuit is one that has no merit or is filed with the sole intention of harassing or annoying the defendant. If a claim is filed even though it is clear that the case has no viable chance of succeeding in court, it may be deemed a frivolous lawsuit. Filing a frivolous personal injury lawsuit can result in legal penalties such as a contempt order from the court, fines, and/or criminal charges in some cases.
Do I Need a Lawyer for Help Filing a Personal Injury Claim?
Personal injury claims typically require the assistance of a qualified personal injury attorney. You may need to hire a lawyer if you have been injured and believe that you have a claim to file. Your attorney can provide you advice and guidance and can help you when it comes to filing and processing your claim. Also, your lawyer can represent you in court if you need to appear for a hearing.
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Last Modified: 08-24-2015 01:59 PM PDT
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