When another person’s negligence or intentional action causes harm to someone, it can drastically affect the injured person’s life. Such incidents can affect the victim’s financial, physical, and mental well-being. By filing a personal injury claim, the victim can get compensated for the damages they have suffered.
When filing a personal injury claim, it is essential to get legal guidance. An experienced personal injury lawyer will protect the victim’s rights and secure fair compensation for them. This article aims to help victims understand personal injury claims before they proceed to file their own.
Understanding Liability and Fault
One key factor to getting a favorable outcome from a personal injury claim is proving liability. This means that the plaintiff must have evidence to prove the defendant’s fault. If the accident was caused due to the defendant’s negligence, the plaintiff will have to prove the following:
- Duty of Care: The plaintiff must prove that the defendant was legally responsible for acting safely.
- Breach of Duty: Proof that the defendant failed to uphold their duty of care by reckless or careless actions.
- Causation: Prove that the defendant’s breach of duty caused the plaintiff’s injuries.
- Damages: Evidence of the losses faced by the plaintiff due to the defendant’s actions.
The compensation the plaintiff can claim also depends on the state. States in the U.S. have adapted fault systems to determine liability. The following are the two rules:
- Comparative Negligence: If the plaintiff shares a percentage of fault in the accident, they will only receive the remaining percentage. For e.g., if the plaintiff is 10% responsible for the accident, they’ll be compensated for only 90% of the damages.
- Contributory Negligence: If the plaintiff also shares fault in the accident, even if it is a minute share, they will not be eligible for compensation.
Types of Compensation the Plaintiff Can Claim
There are various types of damages that a plaintiff can get compensated for:
Economic Damages: These compensate for the tangible losses the victim suffers after the accident. This includes financial losses such as:
- Current and future medical expenses
- Lost wages
- Loss of income potential
- Property repair or replacement
Non-Economic Damages: They compensate for the victim’s intangible damages caused by the accident. This includes damages like:
- Physical and mental pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Punitive Damages: They are not compensatory damages as they are intended to punish the defendant. Punitive damages are awarded in cases that involve the following:
- Gross negligence
- Malicious Intent
- Reckless behavior
The Importance of Gathering Evidence
Evidence is a crucial factor in ensuring fair compensation. The gathering of evidence needs to begin right from the accident scene. Evidence helps to prove liability, damages, connection between the damages and the accident, etc.
Types of evidence:
- Medical Record: Medical records such as the first responders’ assessment and follow-up appointments can help to prove injuries and their extent.
- Police Reports: The official police report is seen as a reliable and unbiased view of the incident, which can be beneficial for the plaintiff.
Witness Statements: Witness statements can help to support the victim’s claims. It can be of 2 types:
- Eyewitness
- Expert witness
Financial records: Keep a record of all expenses experienced due to the accident, such as:
- Medical bills
- Lost income
- Travel expenses to the hospital
- Property repair bills
Understanding the Legal Process
It is necessary that the plaintiff is aware of their legal rights. Only then will they be able to take the proper measures to ensure fair compensation. Personal injury claims process can be complex. It is crucial to be aware of all the rules that come under it.
Plaintiffs must hire a personal injury lawyer so as not to worry about legal complications. Lawyers can ensure the claim is filed properly and on time. Missing the statute of limitations might result in the plaintiff losing the right to file a personal injury claim.
Lawyers can also represent the victim and deal with any insurance negotiations. Dealing with insurance companies alone is a terrible idea, as they often apply bad faith tactics to delay, deny, or decrease the payout. Lawyers can take all the required measures to ensure that the victim receives the compensation they deserve.
