Understanding the Basics of Personal Injury Claims

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A personal injury claim is a civil lawsuit that holds a negligent party responsible for their actions. While that might sound simple, personal injury claims are quite complex. If you plan on filing a claim, there are a few things you should know about the basics of personal injury law.

When Does Personal Injury Law Apply?

There are several circumstances that could result in a personal injury lawsuit. All of the following fall under the umbrella of personal injury law:

Intentional Acts of Harm

If someone intentionally harms another person, they could be held accountable in a court of law. However, a criminal case does not give a victim money for their damages. The only way for a victim to seek damages is to file a civil lawsuit against the negligent party.

If you've been assaulted, you might be able to file a claim against the perpetrator. Even if the criminal case is unsuccessful, you may be able to have a successful civil lawsuit.

Accidents

When someone is negligent, they can cause harm to another person. Although the act wasn't intentional, it was avoidable. This makes them liable for your injuries.

In 2017, about 4.7 million people were seriously injured in U.S. car accidents. Other common examples of personal injury accidents include car crashes, slip and falls, and medical malpractice.

Product Defects

A parts manufacturer or retailer has the responsibility of selling safe products. But this doesn't always happen. If you've experienced an injury due to a defective product, you may be able to hold the manufacturer or seller responsible with a personal injury lawsuit.

How Do Personal Injury Cases Work

Every personal injury case is unique. However, they all go through a similar process. First, you need to file the claim. If your case doesn't have any evidence that it meets the basic requirements of personal injury, you won't make it very far. You need proof that the other party's negligence caused your accident, and that you experienced harm because of their actions.

At times, finding evidence of negligence is difficult. That's why you would benefit from working with a personal injury lawyer. An experienced attorney knows the many ways in which they can find evidence. For instance, they may speak to experts or look for individuals who witnessed the accident.

Once the claim is filed, your attorney will delve deep into your case. In many instances, they will meet with the other party to discuss a settlement. More often than not, the other side will be eager to bring an end to the legal action. Fighting a civil lawsuit takes time and money, and most entities want to bring their case to a swift resolution.

If your case does not end with a settlement, it will go to trial. Then, it will be up to the courts to decide whether or not you deserve compensation. They will also decide how much money you are entitled to. Typically, this includes money for your medical bills, pain and suffering, missed wages, and property damage.

Working with a Lawyer

The personal injury claims process is overwhelming. But when you work with an aggressive personal injury lawyer, you improve your odds of a successful outcome. They will handle all of the challenges that come with civil lawsuits and fight for your rights. If you think you have grounds for a claim, call a personal injury attorney today.