Personal injury is a common law concept which basically refers to an area of tort law. An accident, illness, or other incident may cause injuries, but only when the victim seeks compensation from the wrongdoer will it be considered a personal injury claim. In order to make sure you’re appropriately compensated for your personal injury, it’s important to understand how a personal injury claim works.
1. What Falls Under Personal Injury?
The term “personal injury” is somewhat ambiguous, but there are guidelines. It usually means harm committed by one person against another.
This may be an intentional act or a negligent action, such as negligence in driving that causes a car accident with injuries. Filing a personal injury lawsuit for harm inflicted on another person is an option that can be available to you. In most cases, there must be some sort of physical harm in order for a personal injury claim to exist.
However, emotional distress can often be included, and can sometimes be the main focus of the claim.
2. How Do You File A Personal Injury Claim?
Personal injury claims are usually filed in civil court. If you’re uncertain about whether or not you should file a personal injury claim, it’s best to consult with an attorney who understands how personal injury works.
The attorney can inform you of your rights and explain any possible options that may be available to you under the circumstances. It’s difficult to talk about the law abstractly since a lot of it has to do with individual circumstances that differ from case to case. However, as a general rule of thumb, you should keep any and all evidence that may be helpful to the claim, such as medical records or a police report. This will help you to prove what happened and the consequences you endured.
To file a claim, you’re usually required to notify the defendant of plans to seek compensation. This can be done with a formal legal document known as a “summons.”
3. What Happens After You File A Personal Injury Claim?
Once your claim is filed, the court will issue an order which controls how everything will progress from there on out. During this process, the court will require you to disclose any information that may be helpful in your personal injury claim.
At times, the defendant might also file a response to your claim in an attempt to reduce or dismiss any liability they may have in the circumstances. While it may be frustrating to go through that, it’s important that you cooperate so that any concerns can be adequately addressed. Once all of the evidence has been disclosed and discussed in detail, it is usually presented to a jury.
Now, dealing with a jury isn’t like you may have seen in movies. You can’t really make monologues for them to ultimately decide who is “right” and who is “wrong.” Instead, they usually make an impartial decision based on the evidence provided. Their verdict will determine whether or not damages (financial compensation) will be awarded for any losses that have been incurred.
4. What Are The Compensations In A Personal Injury Claim?
The defendant usually bears the responsibility for paying any damages that have been awarded to the claimant as a result of their personal injury claim. Damages may include:
- Actual Damages
This refers to financial costs such as medical bills, lost wages, and other expenses related to the incident. An attorney can help you to calculate actual damages, but it could also be helpful to ask your employer or any other relevant parties about lost wages or expenses related to the incident.
- General Damages
General damages are often awarded for intangible things that cannot be calculated with financial value, such as pain and suffering. These types of damages may also include emotional distress, property damage, etc. These claims will usually require you to submit evidence in order to get an accurate appraisal. Evidence of emotional distress could include text messages, emails, and any other relevant documentation that could help to establish the way that you were feeling after the incident occurred.
- Punitive Damages
These types of damages are also known as “exemplary damages.” They’re usually awarded when the defendant’s actions were particularly irresponsible or outrageous and were done with the intention of inflicting harm. Their purpose isn’t to just compensate the victim but to also deter the defendant as well as the general public from committing similar offenses in the future.
Personal injury claims can be difficult to navigate, but it’s important to understand how they work in order to better protect your legal rights. While it can be confusing to know where to start after an accident occurs, the sooner you seek the help of a professional, the better off you will be. Keep in mind that both you and the defendant have the right to appeal a verdict if you’re not satisfied with the outcome of your case. You can always appeal an unfavorable verdict, but it’s also important to be prepared for the other party to do the same. This process can be time-consuming and emotionally taxing, it’s important to cooperate throughout the entire process.
