What Is a Personal Injury Claim and When Should You File One?

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Posted: 19th September 2023 by
Lawyer Monthly
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A personal injury claim is a legal action against a person for inflicting mental, physical, or emotional harm on someone.

These are taken up against those with a responsibility to a person, and by failing or neglecting them, they cause harm or injury. A personal injury claim seeks compensation for pain, suffering, or cost incurred due to a person’s failure to do their due diligence. Here, we will review some cases when you should file for one.

Negligence

Negligence is when a person knows they are supposed to or expected to do something but knowingly chooses not to. A person may be expected to provide care for something or someone, and by neglecting the responsibility, they cause harm or potential risk of pain or suffering. Professionals like the personal injury lawyers at The Law Offices of Blaine Barrilleaux can assist in filing a claim. An example would be a person driving while drunk. The law expects you to avoid driving while drunk. When you cause an accident, the victim should file a personal injury claim to be compensated for the medical bill, damage caused, or trauma inflicted.

Damage Caused

Personal injury claims can be filed depending on the type of damage inflicted. You can file for when your property is damaged. For a petty defendant, the court may choose to compensate you with punitive damage. Lost income and medical expenses may be a good enough reason to file for a personal injury claim.

Statute of Limitations

Personal injury claims typically have a time frame in which you can file them. After this period elapses, the case gets dismissed and can not be filed. If an issue arises, it is best to file a claim immediately when the evidence is still viable. This time frame differs from state to state, so it would be advisable to consult with an attorney specializing in your field. This will make the process easier, and fair compensation is guaranteed.

Closure and Peace of Mind

A person can file a personal injury claim when they need closure on a certain occurrence. An incident may have caused a person a lot of emotional stress, especially if it was caused by someone they were close to. Compensation may not fix the problem, but it can provide some peace of mind, knowing that the person responsible was held accountable for their mistakes. Remember to go for therapy to get more help on emotional and mental stability following an injury.

Recovery and Rehabilitation

When an incident has caused physical injury, a person can file a personal injury claim to be compensated for the medical expenses and therapy needed to recover. If the injury has long-term effects, a larger compensation may be issued to facilitate full recovery and settle the wages you may have missed due to your unexpected illness. You also get compensation for future inability to work.

When Seeking Compensation

Most times, personal injury claims are filed aiming to get compensation from the defendant’s insurance. Insurance companies most often cover damages done, so aiming for them would be more successful as compared to going up against a specific person. In some cases, it may be required to file a case against an individual, depending on the type of case on your hands. However, you must exercise wisdom when dealing with insurance companies. Their greatest aim is to compensate for as little as possible. Be sure to consult a qualified lawyer who will help you get a fair compensation that covers all the damages.

Personal injury claims are serious cases that should be handled with the magnitude of such. It is advisable to hire a specialized attorney for your case as they have a higher success rate as compared to other general lawyers. Consult a professional when you are trying to decide whether to file a claim or not.

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