What is a Personal Injury Claim & How It Is Settled?

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If you’ve been injured in a car accident or suffered medical malpractice, you might wonder what to do next. Maybe, you’ve heard of personal injury claims but don’t know what exactly it means and if you’re eligible for it. In this post, we’ll discuss what personal injury claim is and how it is resolved.

What is a Personal Injury Claim?

What if you get injured in an auto accident or you slipped on a wet floor of a shop? How are you going to pay for your medical bills? What about your loss of income during the healing period? The answer to these questions lies in a personal injury claim.

Millions of people annually get injured in accidents – at home, in cars, at work, or outdoors. In most cases, someone else is at fault and the victims have a right to compensation. A third party personal injury claim is intended to recover compensation of an injury which is the result of the negligence of another person. Such personal injury claims typically include automobile accidents, pedestrian accidents, defective product claims, medical malpractice, slip and fall claims, and more. You may also pursue claims for psychological symptoms even if these are not associated with any physical injury. The basic concept behind third party personal injury claims is that some else has caused you damage and you are entitled to compensation for the damages.

A personal injury claim can recover damages such as medical care costs, ambulance transportation costs, rehabilitation, therapy, lost wages, property damage, as well as wrongful death damage for the family of the person died in a personal injury accident.

How Personal Injury Claims Are Resolved?

If you got injured and want to pursue a personal injury compensation claim against another, you need to establish that somebody else was at fault. For this, you may need to hire a personal injury attorney. Your lawyer will help you in establishing that the other party’s failure to meet their duty was the cause of the injury you suffered. This claim can be settled out of court in an informal setting with the help of a personal injury attorney. The personal injury lawyer will negotiate with the insurance company on your behalf. An attorney will investigate your case and make sure you don’t have to settle for less than your case is worth.

Depending on the prevailing laws of your province, there is a time limit on how long you can wait to bring your claim in court. This limit is known as the “statute of limitations”. When negotiations didn’t work out or settlement cannot be reached before the statute of limitations runs out, the plaintiff must file a lawsuit or risk losing the right to sue forever.

To prove fault and show your expenses and losses, you may need to produce a copy of a Police report, video or photo of the scene, relevant medical records, receipts of other expenses, as well as interview witnesses and survey the accident scene. Once the plaintiff proves liability on the part of the defendant, the amount of damages is determined by the judge or jury at trial. The recovery amount usually depends on the nature and severity of the injury, expenses, and many other factors.

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