How Personal Injury Claim works?

Personal Injury Claims and Cases

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A personal injury claim occurs when a person is harmed either by the carelessness or negligence of an individual or company. Personal injuries result from car accidents, falls in homes or businesses. Personal injury claims fall into one of these categories: automobile accidents, slip and falls, dog bites and assault and battery to name the most common. If you get into a car accident and the person that caused the accident was at fault and because of this resulted in medical injuries to you this would be a personal injury.

A homeowner or business is responsible for keeping the premises free of danger and hazards to another person’s health. Depending on the incident and location will determine if a personal injury claim can be filed. If a person is attacked or bitten by another person’s dog and injuries were sustained you could be entitled to compensation for the injuries sustained. Assault and battery can be confusing because this not only can fall under a criminal lawsuit but the provisions can be tricky when determining that facts in these cases.

Like with any case finding the right attorney is imperative. Don’t stop after calling just one call several. In most cases the attorney or their representative will take your information and your account of what occurred and make a decision on whether they feel that it is a case that they can win. If they feel that it is something that they do not feel that they could represent you they will usually refer you to another attorney.

Before calling an attorney always seek medical attention for your injuries. Often times if you are injured at a house, store or other area you will be instructed to contact emergency services to triage you and determine if you need to go to the hospital or if you can seek medical treatment on an outpatient basis. All injuries are different and depending on the severity of the injuries will determine what type of care is needed as well as what kind of case you will have in the future. Always document or take photos of the scene of where the accident took place if you are able to, if not see if someone else can or try to write down everything leading up to the injury. This will help you with your case. In order to be successful in a personal injury case you have to prove carelessness or negligence on the other party which resulted in your injury.

Not all cases will result in a personal injury claim. They are assessed on a case by case basis. If you are in an automobile accident and the other person was found at fault by the police your injuries will fall under the personal injury protection or PIP that is provided with car insurance. Making sure that you get a police report to properly indicate what happened as well as who was at fault is important. This gives all witnesses, details and will be helpful to a personal injury attorney. Some people who have a personal injury will require extensive medical care and others will not need as much. Depending on the severity of your injury as well as the medically necessary follow up treatment will help your attorney when deciding how to proceed with your claim. In addition, some people will not be able to return to work due to their injury or the cost of the medical care can be substantial which is all relevant in a personal injury case.

June 26, 2017 · Editorial Team · Comments Closed
Posted in: News