Personal Injury Claims – Everything You Need To Know
Personal injury claims are legal actions brought about against a party, often another individual or business,
by an individual who has suffered physical, emotional, or financial distress due to the other party’s
negligent and/or intentional acts.
These claims are most often pursued in an effort to receive monetary compensation to heal the damage done.
This guide will provide a comprehensive overview of everything you need to know about personal injuries claims,
including:
* Definition and Legal Process
* Types of Damages * Limitations of Personal Injury Claims
* How to File a Personal Injury Claim
Personal Injury Lawyer – Definition and Legal Process
Personal injury claims allow individuals to pursue legal action against those responsible for causing their harm or distress.
This legal action seeks to provide the injured party with financial reparations for any emotional and/or physical suffering, financial losses,
and property damages resulting from an injury or accident. It also serves as a way for the injured party to hold the other party responsible for any negligent
or intentional acts that led to the incident. Under the law, personal injury claims are generally processed through the civil court system.
It is important to note that personal injury claims are distinct from criminal cases, as they involve civil rather than criminal law.
The majority of personal injury claims are resolved through informal negotiations, where the parties agree on the payment of damages.
If the parties involved are unable to reach a settlement through informal negotiations, a personal injury claim may need to be pursued in court.
This is a more lengthy and complicated process. An attorney will represent the individual in court and they must file a formal suit against the other party involved. At this point,
the court will hear both sides of the case and eventually make a decision.
Depending on the court’s ruling, the defendant may be ordered to pay a certain amount in damages to the plaintiff.
Types of Damages
If the court rules in favor of the plaintiff, the defendant may be ordered to pay damages in compensation for the harm and/or distress suffered by the plaintiff.
The damages may include both economic and non-economic losses. These damages may be compensatory or punitive,
as determined by the court.
Compensatory Damages: Compensatory damages are the most common type of damages awarded in personal injury cases.
They are intended to make the injured party “whole again” and cover economic losses, such as medical expenses and lost wages.
Compensatory damages also cover non-economic losses, such as pain and suffering.
Punitive Damages: Punitive damages are damages intended to punish a party for their negligent or intentional acts.
These damages are rare and are only awarded if the court believes that the defendant’s acts warrant punishment.
They are typically quite large and can significantly increase the compensation awarded.
Limitations of Personal Injury Claims
Before filing a personal injury claim, it is important to understand the limitations of the legal process.
First and foremost, there may be a limit on the type of damages that a court can award.
Depending on the state or jurisdiction, certain types of damages may or may not be available.
Additionally, some damages may be untouchable, meaning that the court cannot award them.
It is also important to consider the statute of limitations for filing a personal injury claim.
This period of time is determined by the state, and ranges anywhere from one to six years after the incident occurred.
Individuals have a limited time in which to file a claim. If they make the claim past the statute of limitations,
the court may rule in favor of the defendant.