When a person is harmed due to intentional or unintentional acts, they obviously face a lot of damages following the incident. The legal system allows victims to file a claim to get compensation for their damages. This claim is called a personal injury claim.
Although there are various types of damages a victim can claim compensation for, the process of filing a personal injury claim is not easy.
The whole process can be confusing and intimidating, so here are some frequently asked questions that can help victims prepare better.
What Is a Personal Injury Claim?
A personal injury claim is a legal action initiated by one person who has suffered physical or emotional harm due to another person’s negligence or intentional actions. It allows victims to seek compensation for the damages they have faced due to said harm. Personal injury claims can include slip and falls, car accidents, medical malpractice, etc.
How Do I Know If I Have a Valid Claim?
If another person’s actions have caused harm, the victim is required to prove the defense’s negligence. Negligence is established by proving the following elements:
- Duty of Care: The victim is required to prove that the defense had a certain level of duty to ensure the victim’s safety. Duty arises when the law recognizes a relationship between the defendant and the plaintiff.
- Breach of Duty: After proving that the defendant has a duty of care, the victim is required to prove that the defendant has breached their duty. Breach of duty means that the defense has failed to exercise reasonable care.
- Causation: Once the victim has established that the defendant has breached the duty of care, they need to prove causation. Causation is meant to prove that the defendant’s actions (or the lack of one) caused the injury.
- Damages: The plaintiff is required to prove a legally recognized harm, such as physical injury, property damage, etc., that was caused by the defendant’s actions.
How Long Do I Have to File a Claim?
When it comes to personal injury claims, most states have a statute of limitations of 2 years; however, it may change depending on the state. The statute of limitations may also change for certain types of situations. Failing to meet the statute of limitations may lead to the victim losing the opportunity to file a claim.
What Compensation Can I Receive?
There are various types of damages a victim can get compensation for in a personal injury claim, such as:
- Economic Damages: Compensation for the tangible losses the victim faces:
- Lost wages
- Medical expenses
- Property damage
- Non-Economic Damages: Compensation for the intangible losses the victim faces:
- Pain and suffering
- Emotional distress
- Loss of consortium
How Long Does a Personal Injury Claim Take?
The duration that is required to resolve a personal injury claim depends on various contributing factors, such as the complexity of the case, how long the negotiations take, and whether it has to go to trial. While simple cases can be resolved in a matter of a few months, complex cases may go on for years.
Do I Need a Lawyer to File a Personal Injury Claim?
Many individuals try to take on the claim by themselves, but this is a one-way ticket to ending up with compensation that does not cover all the damages. Hiring a lawyer who specializes in personal injury claims increases the chances of a favorable outcome. Here’s how:
- They are well versed with the local laws, so they can provide better guidance
- They can provide a better understanding of the scope and options the claim has
- They can gather additional information to support the claim
- They can handle the negotiations with the defense and insurance companies
- They can represent the victim in court
