Understanding personal injury claims
One of the most common types of legal claims is the personal injury claim. When filing a personal injury claim, someone who was injured (or has a loved one who was injured) by the negligence of someone else seeks to claim compensation for their injuries and damages, often including things like lost wages, medical bills, and property damage. Despite their frequency, however, personal injury claims can seem quite confusing and complex at first. This is especially true if you are attempting to navigate the process on your in the midst of your medical care and the immediate aftermath of the accident itself. Here are some basics about personal injury claims that might help you during this difficult time.
What is a personal injury claim?
A personal injury claim is the type of legal dispute in which you engage when you have been the victim of an accident or injury for which another individual is legally responsible. This kind of case can be taken to trial and ultimately formalized and settled through the court system, or it can be the kind of dispute that is resolved via an informal settlement that is reached before actually filing a lawsuit.
Formal personal injury lawsuits refer to personal injury claims that have been officially filed and recognized by the courts. The victim, also known as the plaintiff, decides to file a civil complaint against the at fault party that led to their injuries and damages. That party might be a person, a corporation, a business, or even a government agency. This complaint alleges that the alleged at fault party – the defendant – acted irresponsibly or carelessly and that this behavior led to the injury or accident that harmed the plaintiff.
An informal settlement is the category that most disputes made regarding fault in an accident fall. In these cases, the issue is solved via an early settlement. This is reached before the case is filed and a formal lawsuit begins – it is an alternative to the longer and costlier process of taking a complaint to trial and allowing the courts to decide who is at fault and to what extent.
Note that the help of an experienced attorney can be invaluable during this time. They can help you understand the process as well as your options, for example, and can even ensure that you do not end up settling for an amount that is significantly less than what you are due.
Are you interested in pursuing a personal injury claim? Whether you are hoping to pursue a formal personal injury lawsuit or reach an informal settlement, our experienced attorneys can help! Reach out to us today for more information about how we can work with you to ensure you receive the maximum compensation possible.