Alain Guillot

Life, Leadership, and Money Matters

Explainer: A Simplified Guide On Personal Injury Claims

Personal Injury Law

What Is Personal Injury Law?

Personal injury law is a branch of law that focuses on helping victims who sustain injuries due to no fault of their own to seek redress in the form of monetary compensation from the party or parties liable for causing their injuries.

When Can I File a Personal Injury Claim?

If you have sustained injuries in an accident or incident that was caused by the negligent actions or inactions of another party, you can pursue compensation for any losses, damages, pain, or suffering that you incur as a result of the accident by filing a personal injury claim. A personal injury claim can vary depending on the scenario, but common claims involve medical malpractice, car collisions, and dog attacks. If you were to make a claim because of a dog bite, you would need to visit a site like https://www.keatingfirmlaw.com/post/dog-bite-force-guide to ensure that your claim meets the legal requirements necessary. For your personal injury claim to be successful, you have to prove liability/negligence on the part of the party that you are suing. 

Do I Need To Hire a Personal Injury Lawyer?

Proving liability in a personal injury claim case can be a daunting task if you do not have any legal experience. Your best bet to filing a successful personal injury claim is to engage a seasoned personal injury lawyer who has a verifiable track record of winning huge settlements for clients.

Personal injury attorneys in the United States typically work within the jurisdiction where they are licensed to practice law. Each state has its own bar admission requirements, and attorneys must be licensed in each state where they wish to practice law. This means that a personal injury attorney licensed in Texas (for example) is not permitted to practice law in another state without obtaining a separate license or permission to do so. You should look for attorneys who can help you in the jurisdiction where the accident happened. For instance, if the accident occurred in Dallas, an attorney from Schuerger Shunnarah Trial Attorneys who proudly declares they will go to War For 214 would be a suitable choice for your legal representation.

An attorney will help you in the following ways:

  • They will carefully look at all the facts surrounding your case and help you determine the party or parties you can hold responsible for your injuries and other losses
  • They will take charge of collecting all the evidence you will need to lodge a formidable personal injury claim
  • They will act as a point-of-contact between you and the party or parties you are suing or their insurance representatives
  • Based on the unique facts surrounding your case, they will help you determine the most appropriate compensation to ask for once you file your personal injury claim
  • They will negotiate with insurance representatives of the at-fault party or parties on your behalf and ensure that you get the maximum settlement possible
  • If your claim case is not settled out-of-court, they will litigate your case before a court of law

How Long Will It Take Before My Personal Injury Case Is Settled?

It depends. In most personal injury cases, the insurance representatives of the at-fault party or parties like to resolve claim cases as soon as possible. This is because litigating personal injury claims can be an expensive process. In most instances, insurers like to resolve claim cases through negotiations.

It is however important to remember that insurance companies exist to make a profit. As such, during negotiations, they will try to first offer you less than you actually deserve. Without a lawyer, you may be tempted to take up the first settlement offer you are given especially if you are already saddled with huge medical bills. If you are looking to get what is truly due to you on filing a personal injury claim, you should engage an attorney who is highly adept at negotiation. To gauge the proficiency of a personal injury lawyer in negotiations, you just have to check the settlement amounts they have gotten for past clients.

What Are Some Of The Most Common Injuries In Personal Injury Cases?

The severity of injuries in personal injury cases usually depends on the uniqueness of an accident. Some of the most commonly reported injuries include:

  • Paralysis
  • Traumatic brain injuries
  • Spinal injuries
  • Cuts
  • Abrasions
  • Broken limbs
  • Soft tissue injuries
  • Broken neck

Remember that no matter the severity of your injuries, you have a legal right to pursue compensation as long as you sustained them because of the negligence or recklessness of another party.

How Can I Improve My Chances Of Getting The Maximum Compensation On Lodging a Personal Injury Claim Case?

As mentioned earlier, you have to prove that the party you are suing acted negligently if you want any hope of getting compensated on filing a claim. You can bolster your chances of getting full compensation by doing the following immediately after your accident:

  • Documenting the scene where you sustained injuries by taking videos or photos
  • Collecting contact information of people who witnessed your accident
  • Informing the at-fault party or parties of your accident and intention to pursue compensation
  • Getting a thorough medical check-up and requesting your doctor keeps detailed records of your injuries and medical bills
  • Getting in touch with a personal injury lawyer so that they can get started on lodging your claim as you recuperate