What Are the Primary Elements in a Personal Injury Claim?
Every year, thousands of Americans are injured by the negligence or recklessness of others. These injuries can unexpectedly leave innocent people with painful conditions, financial difficulties, and losses in their overall quality of life.
If you were injured through no fault of your own, you might decide to take steps to protect your legal rights and demand fair compensation for your losses in a personal injury claim. To learn more, contact the experts at Rosen & Ohr, P.A., today for a free initial consultation.
What Is a Personal Injury Claim?
A personal injury claim is a particular type of legal claim filed by an injured person who has reason to believe that someone else may be legally and financially responsible for their injuries. Personal injury claims are often related to accidental injuries caused by negligence or carelessness, though some claims involve intentional injuries.
In most personal injury cases, the injured person files a claim with the responsible party’s insurance provider. After verifying the claim’s validity, the insurance company will pay money known as “damages” to the injury victim. Damages typically include compensation for things like medical bills, lost wages, and pain and suffering.
When an insurance company agrees to pay compensation to an injured person who files a claim, it’s called a settlement. The vast majority of all personal injury cases end in settlement agreements. To reach a settlement agreement, it’s often necessary for injured parties or the attorneys who represent them to engage in one or several rounds of negotiations.
If the two parties cannot reach a settlement agreement, the injured person may need to file a personal injury lawsuit instead. In a personal injury lawsuit, both parties present evidence to an impartial judge or jury, who make the ultimate decision regarding financial compensation.
What Types of Accidents and Personal Injuries Can I Claim Compensation For?
A few examples of the types of situations that could create grounds to seek compensation in a personal injury claim include:
- Motor vehicle accidents – Thousands of people are severely or fatally injured every year in motor vehicle accidents due to distracted driving, speeding, driving under the influence, and other forms of negligence.
- Accidents at work – Workplace accidents are another leading cause of injuries. Many occupational injuries occur every year due to overexertion, repetitive motion strain, defective equipment, and other hazards.
- Slips, trips, and falls – Fall injuries are the leading cause of hospital emergency room visits in the U.S. People over 65 are at exceptionally high risk for severe injuries in slips, trips, and falls.
- Fatal or life-changing injuries – Life-changing injuries involve catastrophic trauma that prevents victims from enjoying their usual quality of life. Fatal injuries can leave surviving loved ones without the emotional and financial support they need.
- Medical negligence – Medical negligence, or malpractice, occurs when healthcare providers deviate from accepted standards of care and cause patients to suffer preventable injuries.
How Do I Start a Personal Injury Claim?
If you plan to seek compensation in a personal injury claim, you can get the process started by:
- Seeking medical treatment – This will help you access the treatment you need to recover from your injuries and establish reliable documentation of your condition in the form of medical records.
- Locating insurance information – Determine whether the at-fault party has insurance coverage. If so, gather their provider and policy information so you have everything you’ll need to file a claim.
- Preserving evidence – Collect as much evidence as you can about the accident and your injuries, including photos from the accident scene and statements from any available eyewitnesses.
- Keeping notes – Recording your daily pain levels and physical limitations in a journal is a great way to establish the long-term effects of the accident on your day-to-day life.
How Does the Personal Injury Claims Process Work?
The process for most personal injury claims involves the following elements:
- Assessment – During the assessment stage, the injured person evaluates their situation to determine whether they have sufficient grounds and evidence to file a personal injury claim against another party.
- Consultation – After deciding to pursue a personal injury claim, the consultation phase involves speaking with an experienced personal injury lawyer to provide professional insight and advice.
- Submission – Once the injured person chooses to work with a personal injury attorney, their lawyer will work to gather all necessary paperwork and evidence to submit a claim to the insurance company.
- Negotiation – During the negotiations phase, the personal injury attorney engages in settlement talks with the insurance company to maximize the compensation awarded to the injury party.
- Finalization – After one or more rounds of settlement negotiations, the injured party and their lawyer may either accept a fair settlement agreement or continue pursuing fair compensation by filing a lawsuit.
What Are the Primary Elements in a Personal Injury Claim?
All valid personal injury claims must contain the four following primary elements:
- Duty to exercise reasonable care – You must be able to demonstrate that the at-fault party had a duty to avoid injuring you by exercising reasonable care, such as by following traffic laws or keeping their premises free of hazards for visitors.
- Failure to exercise reasonable care – You must also show that the responsible party failed to exercise reasonable care by ignoring relevant laws, neglecting to properly maintain their property, or committing medical malpractice, for example.
- Causation – You’ll also need to demonstrate that the negligent party’s failure to exercise reasonable care was the direct cause of your injuries.
- Actual damages suffered – Finally, you must show that you suffered “actual damages” as a result of the other party’s negligence. Actual damages refer to real, compensable losses such as medical expenses and lost income.
How Can a Personal Injury Lawyer Help Me?
The personal injury lawyers of Rosen & Ohr, P.A., can help you evaluate your grounds for a claim, calculate the total value of the compensation you deserve, and pursue that compensation aggressively from at-fault parties. Contact us today to discuss the details of your personal injury claim in a free initial case review.
