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How do personal injury claims work

1 Aug 2017

The fact that accidents and mishaps are likely to happen does not detract the victims from claiming their compensation from the culpable parties. Since such mishaps come with negative consequences that include physical injuries, pain, loss of income, or even death, it is always advisable to engage an attorney in probing the matter. The role of a personal injury attorney is to investigate how the mishap happened and whether it could have been avoided. Causing a mishap is punishable by law and failing to take the necessary measures to avoid a mishap amounts to negligence. In simple terms, a personal injury attorney establishes the negligence and helps the victim to make the necessary claims from the negligent party.

Personal Injury Case
A personal injury case is a legal dispute that ensues when a person suffers from injury as a result of another party’s negligence. Even after such an accident happens, it is always difficult to prove that the other party is legally responsible. As such, you should not try to represent yourself in a personal injury lawsuit. The personal injury attorney has the expertise to undertake the investigations by acquiring the evidence in the quest to represent you or your loved one on the court. Most importantly, the attorney will follow the legal procedures while filing for such a case. After filing the case, the personal injury attorney will present the evidence before the jury in the quest to convince the court that the other party is legally at fault.

Examples of personal injury cases
The personal injury cases involve a spectrum of lawsuits that aim to prove that the defendant is guilty of a tort or a wrongful conduct that causes physical harm or death. In most cases, the plaintiff may seek remedy from the injuries that result from car accidents, slip and fall accidents, dog bites, the wrongful death of a loved one, or medical negligence. Whether the injury resulted from carelessness or intentional conduct, the plaintiff can file a personal injury case in the quest to get the compensation. The compensation for such cases the medical bills, funeral expenses, loss of revenue, and provides the legal remedies against the pain and suffering. An attorney can help you to get the evidence you require to get a favorable outcome on the court. In addition, you require the help of an attorney to determine the amount of money you should get from the defendant to cover the losses you have incurred as result of the injuries.

Formal vs. informal lawsuit
Even after you determine that the other party is at fault, you can resolve the case informally. Once you agree on every issue, you can solve the matter out of court. Even if you decide to settle the issue informally, you still need a personal injury attorney to ensure that you get the right compensation. Besides coverage for your medical expenses, the attorney will ask for compensation for the loss of revenue. If you have lost your ability to work again, the loss of revenue might be a huge amount since the defendant will have to compensate you for the loss of wages, now and in the future. If disputes arise along the way, the attorney can seek legal redress by filing a lawsuit. In some cases, the insurance companies will be involved. Since the insurance companies will send an attorney to represent them, you need legal representation at the court.

Comparative and contributory negligence
Contributory negligence is whereby a person is responsible for the risk to oneself. If you put yourself at risk, you cannot expect full compensation for the accidents. The role of an attorney is to prove that the other party is fully responsible for the mishap. However, the defendant can reduce the charges by invoking the comparative negligence clause. This clause allows the court to deduct the compensation if the jury proves that the injured party was partly responsible for the accident. Since you do not have the expertise to navigate this tortuous route, you require an experienced personal injury attorney to litigate on your behalf.

Why you need a personal injury attorney
Despite the fact that you may want to settle your personal injury or insurance claims yourself, you will require the help of a personal injury attorney to determine the exact amount of your claims. For example, quantifying the claims for your pain and suffering might be a daunting task. If you want to get the full compensation for your injuries and medical expenses, a personal injury attorney will come in handy. In most cases, the defendant will offer a meager amount of money that will barely cover your medical expenses. An attorney will ensure that you get a reasonable amount by guaranteeing that you are compensated fully.

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