Groups » Everything You Need to Know About Personal Injury Claims
Amy was injured while reversing her car in the parking lot when someone negligently reversed his car and collided on the driver’s side of Amy’s car.
Amy suffered from shock and lower back pain, along with discomfort, stiffness, and severe pain in the right elbow. As a result of the accident, Amy had to take time off from work, give up playing sports, and she couldn’t dance for an entire year. Finally, she hired a personal injury attorney who helped her win $14,000 in compensation so that she could sustain her life and bear the medical costs.
Not only Amy, but thousands of other Americans suffer from personal injuries every year, due to someone else’s faults. In fact, the National Center for Health Statistics states that almost 31 million people are injured every year across the country. Of those injured, about two million are categorized as severe injuries, while 162,000 are fatal injuries.
If you or a loved one suffers from injuries or loss of life due to someone else’s negligence, you may consider filing a personal injury claim. Not all injuries qualify for personal injury claims; thus, it is necessary that you understand the personal injury claims, the types, and what to do if you have a case.
In this article, we will discuss every aspect of a personal injury claim to help you make an informed decision.
What is a Personal Injury Claim?
Personal injury claims are claims that arise when a person suffers from injuries or a loss of life due to someone else’s fault. This means that the negligent party can be held legally responsible for the suffering or harm done. The injuries caused due to negligence can be physical or nonphysical – in both cases, the victim is eligible for monetary compensations.
Personal Injury laws refer to the set of rules or legal remedies and defenses used to handle personal injury claims. In order to win a personal injury case, it is necessary to establish negligence on the part of the at-fault party. It is recommended to work in tandem with an experienced lawyer to file a personal injury claim; however, there are instances where you can handle the claim yourself.
Types of Personal Injury Claims
People can get injured in many different ways; depending upon the nature of the accident and the person or thing responsible for the injuries, there can be the following types of personal injury claims:
Vehicle accidents: This not only includes persons within vehicles, but also include motorcyclists, bicyclists, and pedestrians. About six million car accidents are reported in the United States every year, which means one accident every 10 seconds, according to National Highway Traffic Safety Administration.
Slip and Fall Accidents: Almost 17,000 slip and fall accidents happen every year according to the Centers for Disease Control and Prevention (CDC). Older people are often prone to such kinds of accidents. This can happen at grocery stores, someone’s house, or on a sidewalk, for example.
Accidents from Unsafe Products: Injuries and accidents caused due to unsafe or malfunctioning products that range from medical equipment to baby toys may qualify for personal injury claims.
Animal Attacks: About five million people suffer from dog bites every year, according to the CDC. If you have been injured due to a dog bite or other animal attack, you can file a personal injury claim but you have to prove that you did nothing to excite the animal.
Spinal cord and neck injuries: This is the most common type of workplace injury, where a person can suffer from permanent or temporary paralysis.
There can be many other types of injuries that may qualify for personal injury claims. If you or a loved one has been injured, get immediate legal counsel to know whether you have a case or not.
What to Do if You Have a Personal Injury Case?
If you believe you have a claim, there are many other things that need to be considered – such as the settlement amount, the evidences required, the statutes of limitations in your state, etc. In most cases, it is recommended that you hire an experienced lawyer to represent you at court. But, if the damages are significantly minor and you have the necessary information and evidence, you might be able handle the case yourself.
Every state has a specific time limit within which the claims need to be filed; if you miss the deadlines, your case will be considered invalid. Ideally the statute of limitations begins from the day when you were injured; however, some states might follow other rules. The statute of limitations range from one year to six years depending upon the state, so you must first find out the limitations for your state.
Some states also have the "discovery rule" exception; in order to know whether you can use it to your own advantage, legal counsel from an experienced lawyer is a must. Navigating through personal injury laws can be very difficult since the defense often complicates the case to bring everything to their advantage. In order to ensure that you win your case and get compensated for the damages done, you must hire an experienced and reliable personal injury lawyer.
In order to win a personal injury case, a detailed understanding of the personal injury laws, facts, and the claims process is very important. But, if you are severely injured or are not able to take care of the claims, it is best to hire a personal injury lawyer. Accidents can happen any time, so it is best to stay prepared.