Personal injury is any injury to the body, mind and emotion of an individual as a result of another’s carelessness or negligence. A person who suffers from personal injury can file a lawsuit to claim compensation for damages. He can claim compensation for any physical injury sustained from an accident, such as broken bones, bruises, scars, and so on. He can also claim compensation for emotional damage from a humiliating experience. Loved ones can also claim compensation if the personal injury leads to death.
Claiming personal injury compensation is not a walk in the park. One will need to invest time, effort and money in order to successfully do so. The amount of compensation an individual can get depends on a number of factors as well.
Identifying the Responsible Party
The very first thing that you have to do is to determine who is to blame for the resulting personal injury. Negligence is the main culprit and if your injury is a result of such a thing, you will need to identify the person responsible for the carelessness. Negligence can be defined as “the failure to hold up to the standards set by society that an upstanding person would have upheld under the same circumstance.” If there is, indeed, a person who is responsible for the injury due to his negligence, you are entitled for compensation.
Filing the Complaint
Making a personal injury claim involves contacting a lot of people. You will need to make calls to insurance companies, and you will give them your own statement regarding the accident that transpired. The insurance company will also ask for any proof of the injury sustained as well. This may be in the form of medical bills or pictures. Be careful of your statements though. Only provide statements that will help you. There are people that are careless of their statements; as a result, their case is weakened. Keep in mind that there are time limits for taking legal action, so file the complaint as soon as you get the chance. The time limit varies from one state to another, so know your state laws.
Amount of Compensation
The amount of compensation that you are entitled to receive will depend on a number of factors, including the severity of the physical or emotional injury, the nature of the accident, the time spent on recovery, your ability to work, and the loss of income during the time of recuperation. The amount of compensation also depends on the court’s decision. For example, if the court finds you partially at fault regarding the incident that caused the personal injury, the compensation you can claim will be reduced.
Choosing Your Representative
Much like any other attorneys, personal injury lawyers can be of great help or useless cash sinks. Do your research and check their references and qualifications through the state bar association before hiring one. If you are short on budget, you can simply establish a no-win-no-fee deal with your attorney.
Claiming personal injury compensation is no simple task. But it can be done. You’ll most likely get compensated for damages sustained if you really are entitled to it. The level of expertise of your attorney also plays a huge role in your compensation claim.
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Gerard Cadwell is a freelance article writer who writes about personal injury lawsuit guides. He regularly writes for Bob Cohen Law.com, a personal injury establishment in California.
