Finding yourself the victim of a personal injury can be a frightening, often traumatic experience, and it is only natural that you will be keen to seek justice and compensation for your injuries. A personal injury claim can help to ensure that you get to the bottom of the incident that caused your injury and allows you to recover any damages that you may be owed.
If you have been the victim of a personal injury, and are wondering what your next steps are and how your claim works, then read on for all you need to know.
What Is A Personal Injury?
A personal injury occurs when an individual suffers harm as a result of someone else’s negligence or carelessness. This could include physical damage to property, bodily injury, emotional distress, loss of earnings, and more.
Some of the most common types of personal injury cases include:
- Bodily Injury
This refers to any type of harm or illness that affects your body, such as broken bones, burns, head trauma, spinal cord injuries, brain injuries, heart attacks, and strokes. It also includes psychological disorders like post-traumatic stress disorder (PTSD) and depression.
- Emotional Distress
This covers claims relating to mental health issues, including anxiety, depression, panic attacks, phobias, obsessive-compulsive disorder (OCD), personality disorders, and other conditions.
- Workplace Injuries
These cover accidents at work, including slips, trips, and falls, burns, cuts, strains, and sprains, repetitive strain injuries, musculoskeletal disorders, hearing impairment, eye injuries, and more.
What Is A Personal Injury Claim?
In order to make a successful personal injury claim, you must prove that the defendant was negligent in their actions or omissions which led to your injury. Negligence is defined as “the failure to do something which a reasonable person would do under similar circumstances.”
The law states that if there is a breach of duty by another party, this constitutes negligence. The standard of care required of each party is different depending on the situation.
For example, if you were injured while crossing a road, the standard of care for both parties
would be high – pedestrians should cross safely and drivers should exercise due care.
If you were injured because you fell down a flight of stairs, however, the standard of care required of the landlord who owns the building would be lower than that of the pedestrian who crossed the street.
The amount of money that you receive depends on the nature and severity of your injuries, the costs associated with treatment and rehabilitation, and whether you suffered long-term disability.
How Do I Make A Personal Injury Claim?
There are several ways in which you can make a personal injury claim. You can file a lawsuit against the person responsible for causing your injury, or you can enter into a settlement agreement with them. The process for making a personal injury claim is as follows:
- Step 1: File a Lawsuit
When you first become aware of your injury, you may want to consider filing a lawsuit. However, it is important to note that filing a lawsuit does not guarantee success, nor will it prevent you from having to pay compensation.
You will need to hire legal representation to help you through the process. Your lawyer will discuss your options with you and advise you on how best to proceed. If you decide to pursue a lawsuit, they will draft the necessary paperwork and submit it to court.
- Step 2: Enter Into A Settlement Agreement
You might prefer to settle out of court rather than go to court. This could save time and money, but it is important to remember that you cannot force someone else to accept responsibility for their actions.
If you choose to settle, you will have to agree to certain terms before any payments are made. These include an admission of liability, a payment towards medical bills, and a promise to provide future support to you.
- Step 3: Get Compensation For Your Losses
Once all agreements have been reached, you will receive compensation for your losses. This includes compensation for past and future medical expenses, lost income, pain and suffering, emotional distress, and other damages caused by the accident.
What Damages Might I Be Awarded?
In addition to monetary compensation, you may also be awarded non-monetary compensation, such as:
- Lost wages
- Future loss of earnings
- Medical expenses (past and future)
- Pain and suffering
- Emotional distress
- Other compensatory damages
Final Thoughts
Personal injury claims are complex and often involve multiple parties. It is therefore essential that you seek professional advice when dealing with these matters, such as the injury attorneys at Farris, Riley & Pitt, LLP – the team will have the experience and expertise to guide you through your case and ensure that you are awarded the damages and compensation that you deserve.
