What is a personal injury claim?
Purpose of a personal injury claim
Personal injury claims are often filed when one party wants to collect money for damages made by another negligent party. These damages may include phsycial pain such as pain, disabilities or wrongful death. These injuries may also extend to emotional health.
Generally, these claims are set up so that you may be compensated for medical bills or debts that have accumulated while injured.
Depending on the accident, a victim may be awarded a substantial amount of monetary support or may even be granted punitive damages against the other party.
Getting a personal injury attorney
In most cases, personal injury lawyers are hired to offer their legal expertise on your case. In general, personal injury attorneys will work on a contingency basis. This means that they will be paid based off the financial rewards granted at the end of the case.
In some cases you may even consider getting a mediation with an insurance company. This method may often be a quicker way to settle a claim and possibly cheaper for both you and the representative agency.
Filing your case in a timely manner
Depending on the injuries and the parties involved in your case, you may be restricted to a time frame to file your case. On average, an injured person is allowed 120 days to file a claim against community officials, but anywhere from 1-10 years if filing against an employer.
Negotiating damage compensation
If a claim is filed against an insurance agency, then most likely an adjuster will approach the victim with a starting point for the settlement. The adjuster may use a specific formula for calculating said damages in the claim. This formula generally accounts for the associated medical bills and lost wages during the time of injury.
There is also a possibility that the adjuster will take into consideration physcial pain and suffering as well asl other general damages.
If a minor injury is involved, then the adjuster may lower the base amount.
Determining at-fault accidents
Sometimes, one of the biggest factors in a personal injury claim is the determination of who is at fault and to what extent. In general, there is little argument over who is held responsible, however, the amount of responsibility over the accident can be negotiable.
The victim’s fault percentage may directly decrease the amount of compensation.
Overall, personal injury claims are generally dependent on the events of the accident and the state laws. For this reason, it may be a good idea to hire legal representation to help you understand your rights and to have a better understanding about the settlement and the likely outcome of your case.