Personal Injury Claims: 5 Vital Things to Know

Personal injury is a legal term that simply denotes injury inflicted on a person’s body or mind, or even emotions, as opposed to injury to reputation or property.

A personal injury claim (or lawsuit or case) however arises when one person suffers an injury and believes another person (or business) is responsible for such injury, and therefore demands for (usually monetary) compensation, known as damages, for the pain or loss suffered.

If you or your loved ones have been injured by the acts or omission of another person, or you’re just generally interested in personal injury, here are 5 vital things to know about personal injury:

1. Not all injuries are actionable

The fact that personal injury claims are meant to compensate injuries doesn’t mean every type of injury can be redressed under this law. For your injury to be eligible for a redress under the law, you must be able to successfully tie the defendant (the person sued) to the injury; you must be able to prove s/he caused it.

This consists of 2 steps:

a. You must prove the defendant owes you a duty of care, e.g., you’re a worker in his factory.

b. You must prove that this defendant has breached this duty of care, e.g., no safety apparatus was provided to prevent your injury.

Only then can you have an actionable personal injury.

2. A wide variety of situations are covered by personal injury law

It has become almost automatic to equate personal injury with car accidents. While car accidents is just one of the several situations covered under personal injury law, there are several others like slip-and-fall, medical malpractices, workplace accidents, animal attacks, assault and battery, premises liability, and so on.

Any case in which a person suffers harm or injury due to the fault (action or omission) of another person or entity is a personal injury case. Ensure to access the relevant personal injury information to know if your peculiar case is covered by your state’s personal injury law.

3. Most personal injury claims are settled out of court

Not all personal injury claims are settled by the court. Most get resolved after negotiations between the victim’s lawyer and the defendant’s insurance company.

This helps both parties to save the time it would have taken to resolve the issue in a traditional court. And even though the compensation the victim gets might not be as much as s/he’d have gotten from the court, out-of-court settlement saves both parties expenses that would otherwise be needed to sponsor the case in court.

4. Experienced lawyers are preferable

Because of how complicated a personal injury case can be, you’d be better off hiring a professional with some experience in personal injury law, and even some track records.

Ensure you interview as many lawyers as possible before choosing anyone you believe knows his onions well enough to earn you some victory.

5. Statute of limitations

Personal injury claims, like many other cases, have an expiry date in most states, that is, the time limit for instituting an action against a negligent defender, as stipulated by each state’s Statute of Limitations.

So you want to confirm with your attorney to know the time limit set for personal injury cases in your jurisdiction, so that time doesn’t lapse on your case and you can indeed get your compensation in due time.

Author:.

Jimmy Rohampton is a freelance writer, blogger and business consultant from Southwest London. He travels the world and helps people master blogging and online marketing at HowToCreateABlog.org. Think you're interesting and he should know you? Say "Hi" to him at Jimmy@HowToCreateABlog.org

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