What is a Personal Injury Claim?

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What is a Personal Injury Claim?

A personal injury claim may be filed in instances where one person has received injuries due to either the intentional acts or the negligence of another party.  In some cases, the person’s insurance will cover the monetary amounts spent on the injuries.  However, in many cases, insurance alone will not cover all the expenses associated with the injury.  In such cases, a personal injury claim may be filed with the court, so that the injured plaintiff can receive a damages award. 

What are Some Types of Personal Injury Claims?

There are many, many different types of personal injury claims.  Some of the more common categories of personal injury include:

Legal remedies for these types of personal injuries usually consist of a damages award issued to the injured party.  The damages award can is usually calculated in proportion to the severity of the injury or losses.  For instance, some personal injury claims result in only a minor damages award to pay for hospital bills; more serious personal injury claims may result in a higher damages award (such as is the case for a defective surgery).

Are There Any Available Defenses in a Personal Injury Claim?

Personal injury claims are usually proved using a variety of evidence forms. These can include photos/video, written documents, legal documents, witness statements, “accident reconstruction” computer programs, and physical evidence such as car parts or other items.  A lack of evidence can be one way that a defendant may avoid liability for a personal injury.

Another defense is where the plaintiff consented to the activity or harm.  An example of this is in a sport or recreation activity involving a high risk of injury.  If the plaintiff signs an injury waiver, they usually won’t be able to sue for injuries occurring as a natural part of the activity. 

Do I Need a Lawyer for Help With a Personal Injury Claim?

Personal injury laws can be complicated and may vary by jurisdiction.  It’s in your best interests to hire a qualified lawyer in your area if you need help filing a personal injury claim.  Your lawyer can assist you in filing your claim with the court, and can provide you with legal advice and guidance throughout the process.  Also, your attorney can inform you if there are any defenses that might be applicable to your claim. 

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Last Modified: 07-29-2015 10:07 AM PDT

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