“Dealing With Personal Injury Claims: A Guide for the Uninitiated”
Dealing with Personal Injury Claims: A Guide for the Uninitiated
You’ve been injured and you want to make a claim for your injuries, but personal injury law is daunting and complex. The idea of making a claim can be overwhelming, especially if you’ve never done it before. From understanding the various types of damages available to understanding the time limits that apply in each jurisdiction, there is a lot to consider when filing a personal injury claim. This guide will provide an overview of the process of filing a personal injury claim, as well as helpful tips on what to do and avoid during the course of your claim.
When you are injured, the first step is to seek medical attention. Even if your injuries appear minor at first, you should always seek professional medical advice in order to ensure that your injuries are properly diagnosed and treated. Additionally, your medical records will be essential evidence in any future personal injury claim and obtaining them now, while they are still fresh and accurate, is important.
Once you have sought out medical attention, you may want to contact a personal injury lawyer to help guide you through the process. An experienced lawyer can help evaluate your case and advise you on the types of damages available to you under the law. It is important to remember that all states have statutes of limitations which set out the time period within which a lawsuit must be commenced in order to be valid. A good lawyer can help ensure that your claim is filed within this time period and advise you on other important issues such as settlement procedures and potential legal defenses that may be raised by the other side.
If you decide to pursue a personal injury claim without legal representation, it is important that you familiarize yourself with the applicable state laws governing personal injury claims. Most states require that an injured person prove four elements in order for their claim to be successful: 1) Duty – The defendant had a duty to act in a certain way; 2) Breach – The defendant breached that duty by failing to act appropriately; 3) Causation – The defendant’s breach caused the plaintiff’s injuries; and 4) Damages – The plaintiff suffered actual harm or economic loss due to their injuries.
In addition, most jurisdictions also recognize certain types of damages which may be awarded to an injured person as part of their personal injury claim. These include compensatory damages (which are intended to compensate an injured person for their losses), punitive damages (which are intended to punish wrongdoers), and nominal damages (which are typically awarded when no actual harm has occurred).
Finally, it is important to remember that personal injury claims can take months or even years before they reach resolution. During this time it is important that you remain patient and maintain communication with all relevant parties (including insurance companies, lawyers, doctors etc.). Additionally, do not sign any documents or agree to any settlements without consulting your lawyer first – doing so could prevent you from recovering all of the compensation that you deserve for your injuries.
Making a personal injury claim can seem intimidating at first but with some knowledge and careful planning it doesn’t have to be difficult. Understanding how each element of a personal injury claim works and what types of damages may be available will ensure that you are better prepared when filing your own claim or speaking with legal counsel about pursuing one on your behalf.