The majority of personal injury claims in the United States stem from either accidental circumstances or intentional wrongdoing. Legal action filed in such cases is known as “personal injury claims,” and it is intended to compensate victims for the harm they have suffered. Before bringing a case like this to court, it helps for victims to know a lot about how these cases work.
An Injury Doesn’t Mean You Can File a Claim
A claim for damages is not automatically created if someone suffers an injury. In order to win a personal injury case, you must be able to prove that the defendant was at fault under the law. The most common basis for personal injury lawsuits is “negligence.” To do so, the victim must prove that the defendant owes him or her a duty.
A business owner, for instance, has a responsibility to ensure the safety of its customers if a crime occurs on their property. The victim, through counsel, must additionally show that the defendant violated this obligation. Maybe he didn’t do everything he should have done to make sure everyone was secure. Additionally, the plaintiff must prove that he/she was harmed as a direct result of the defendant’s negligence.
There Are Many Different Kinds of Personal Injury Cases
Personal injury claims are sometimes confused with automobile accident claims because of the similar names. Car accidents are just one example of a personal injury case; others include those involving medical negligence, animal attacks, intentional infliction of psychological distress, battery, and so on.
Insurance Companies Are Often Involved in Personal Injury Cases
Insurance companies play a role in many types of personal injury claims, including those involving automobile accidents, medical negligence, and workplace and home mishaps. The insurance firm has a financial stake in preserving its own assets. Insurance companies make settlement offers to reduce their potential losses; as a result, these offers are not always reasonable.
Most Claims for Personal Injury Are Settled Outside the Courtroom
Personal injury cases are notoriously difficult for the courts to handle, and as a result, many of them are resolved through alternative dispute resolution methods rather than going to trial. This indicates that the decision will not be made by a judge or jury. Instead of going to court, the victim’s attorney would likely attempt to reach a financial settlement with the at-fault party’s insurer or legal representative. It is up to the victim to determine whether or not to accept the compensation offer. Mediation is a way for everyone involved to come to an agreement on how to solve the problem at hand.
Victims May Have a Short Window of Opportunity to File a Claim
There may be a time limit on filing a claim for personal injuries depending on the state in which it occurred. If the deadline for filing a lawsuit has passed, any chance of receiving compensation may be permanently lost. Personal injury suits typically have a three-year statute of limitations, though this might vary by state and by defendant.
It’s Important to Seek Professional Help
Cases involving personal injuries are often hard to understand. Accident victims should do research and speak with several attorneys before hiring one to defend their case. Damages from personal injuries can add up quickly, so it’s crucial that your attorney has much expertise handling cases like yours to ensure you get the compensation you deserve. Injured people should inquire as to whether or not their attorney has prior experience with cases similar to their own.