Accidents happen and people suffer injuries, however, when the accident was caused by another party’s negligence or recklessness, then the victim may be able to pursue legal action against that party to recover financial compensation for the losses the injuries have caused them. Although every state sets its own personal injury statutes, they are all generally similar. Victims can pursue damages for medical expenses, loss of income, and more. The following is a brief overview of personal injury claims. A personal injury lawyer can provide specific details about a particular situation.
Damages That Can Be Pursued
When a victim is injured in an accident, they should seek out medical attention immediately, even if they don’t think their injuries are serious. Any expenses for medical treatment will be included in the victim’s personal injury claim. This includes:
- Emergency room treatment
- Diagnostic testing
- Hospital stays
- Physical therapy
- Occupational therapy
- Doctor visits
- Medical equipment
- Transporation costs to get back and forth for medical appointments
Many accident victims who suffer serious injuries are unable to work while they recover. However, most people do not have long term sick day benefits and quickly find they are stuck at home recovering without any income coming in. A personal injury lawyer will include any lost wages a victim sustains – as well as lost benefits – in their personal injury claim.
There are other losses an accident victim can suffer that do not have an actual dollar amount attached to them, yet the victim can be financially compensated for them. Some of these losses include:
- Pain and suffering
- Emotional trauma
- Permanent disability
- Loss of life enjoyment
Filing a Claim
Most personal injury claims are initially filed with the at-fault party’s insurance company. The victim’s lawyer will determine the total amount of financial losses the victim has suffered and present that figure to the insurance company. The insurance company will either accept or reject that amount.
If they accept the amount, they will issue a check to the victim and the case will be considered resolved.
If they reject the amount, the two sides will enter into negotiations to try to come up with an amount they both agree on. If the insurance company fails to negotiate in good faith, the victim’s lawyer will then file a personal injury lawsuit in civil court in order to litigate the case. There will be a trial and a jury will decide if the victim deserves compensation and how much that compensation should be.
Legal Help Is Available
If you have been injured in an accident, is in your best interest to speak with an experienced personal injury lawyer to find out what legal options you may have against the party responsible for your injuries. Your lawyer will provide the professional legal guidance you need to ensure you get the maximum financial compensation you are entitled to in an insurance settlement or jury award.Thank you to our friends at Council & Associates, LLC for the information about premises liability claims.