A personal injury claim is when you seek damages for losses due to another person’s actions. It’s common for people to make a personal injury claim after a car accident, getting injured in a public place, or if someone’s dog attacks them, to mention a few instances.
When dealing with a traumatic incident, you might not know how to navigate a personal injury claim. Read the rest of this article to explore common personal injury claim types, what to do during a personal injury claim to get the best outcome, and how to prevent a personal injury claim. We’ll also look at how a personal injury lawyer can help you.
What are Common Types of Personal Injury Claims?
There are various types of personal injury claims. Here are some of the most common.
- Motor vehicle accidents
- Medical malpractice, such as surgical mistakes
- Workplace accidents
- Public area accidents, such as slipping in a shopping center
- Animal attacks, such as being bitten by a neighbor’s dog
What Should You Do During a Personal Injury Claim?
When experiencing a personal injury, you’ll want to do the following so that you can increase your chances of gaining compensation for it.
Report the Incident
You should report it to relevant agencies as soon as possible. This could include notifying your employer of an incident that occurred at work or the police of a hit-and-run accident.
Gather Evidence
Collect as much evidence as possible. This could include any written accounts of the incident with dates included, photos, and witness statements.
Be Careful of Social Media Posting
Although you might want to share the incident with your friends online, posting updates on social media can potentially backfire. Insurance companies and other parties might monitor social media accounts during a personal injury claim, which could negatively influence the strength and validity of your position.
Keep a Detailed Expenses Record
After an injury, expenses can quickly accumulate. You want to keep track of them so you have a record of all financial losses. Your expenses can include doctors’ visits or checkups, medication purchases, lost income from not being able to work, and even transportation costs.
There are also non-financial costs you might have to deal with, such as the emotional and psychological issues that can arise from the ordeal. This can include distress and anxiety.
Contact a Lawyer
When dealing with a personal injury claim, it’s essential to contact a lawyer right away. Here is how they can assist you.
They’ll Provide Knowledge About the Process
If you’re wondering what you can claim or even how to go about it, lawyers will bring clarity to the situation. They’ll show you what your options are with personal injury claims, how the process works, and what you stand to gain. This will help you make the right decision.
They’ll Help You Gather Evidence
Lawyers will know what evidence you should collect to strengthen your position and case. They’ll also guide you on reporting financial and non-financial losses so you can seek damages.
They’ll Negotiate with Insurance Companies
Most personal injury cases can be resolved out of court by lawyers negotiating with insurance companies to reach a settlement for their clients.
They’ll Avoid Settling Too Quickly
If you settle too quickly during a claim, you might not get the best outcome. A lawyer will help you negotiate so that you can achieve a favorable outcome and avoid settling on a low amount.
They’ll File a Lawsuit
If your lawyer advises you to take legal action, they’ll gather evidence and represent you in court.
There are usually two outcomes you can expect for a personal injury lawsuit.
- Informal settlement. Your lawyer will negotiate for a settlement and a written agreement will be drafted that states parties involved in the claim won't pursue a lawsuit.
- Formal lawsuit. This includes filing a civil complaint against a person, business, or agency. Your lawyer will claim that the defendant was negligent and show evidence of how they caused harm to you.
After informal settlement and before filing a lawsuit, lawyers might consider alternative dispute resolution (ADR) processes. These include mediation and arbitration.
- Mediation. You can hire a mediator to provide neutral, third-party guidance for your discussions. Instead of delivering a final resolution, a mediator encourages you and the other party to reach an agreement together.
- Arbitration. If you and the other party can’t reach an agreement, you can hire a neutral, third-party arbitrator to consider both cases and decide on a resolution. This is usually a legally-binding solution.
What’s Required in a Personal Injury Claim?
In order to pursue a personal injury claim, you need to show evidence that the other party has been negligent. A personal injury claim includes four important aspects.
- Duty of care. This means that the other party had a legal duty to prevent harm. For example, a driver had the duty to other drivers to avoid recklessness.
- Breach of duty. The duty needs to have been breached. For example, a driver might not stop at a red light, which is an example of how they have violated their duty.
- Causation. It’s important to have evidence that negligence caused harm to you.
- Damages. This involves proving that you suffered damages because of the personal injury. This can be financial or emotional costs.
How Can You Prevent Being Denied for a Personal Injury Claim?
If you’re injured, you want to avoid taking any action that can cause your personal injury claim to be denied by your insurer.
- Collect evidence immediately and continue to collect it as it becomes available, such as police reports or medical bills.
- File your claim promptly. Some insurers will deny claims because they’re late or missing information.
- Speak to a lawyer before taking any other action. Without realizing it, taking certain action could result in a denied claim. Let your personal injury lawyer guide you on the moves to make so that you don’t inadvertently compromise your case.
Do you need a personal injury lawyer?
Contact ContractsCounsel, where you’ll connect with vetted, experienced lawyers who will help you reclaim your losses and seek damages for personal injury cases. Depending on your specific situation, they’ll guide you to choose the best legal way forward.
