Personal Injury Claims

Personal Injury Claims relate to claims rising from injuries that incurred through carelessness, or recklessness, inaction, malpractice, or negligence of another individual, organization or business.

If you feel that you have been harmed, and that it is truly someone else's fault, you can sue for recovery of damages due to your injury.

If you have been injured by use of product, in a car accident or through some other act of negligence, you have suffered a personal injury and should consult with a personal injury lawyer or attorney.

Although the time following an accident cannot only be extremely difficult and confusing, DO NOT settle your personal-injury-claim without consulting a lawyer. Also choose a personal injury lawyer experienced in dealing with insurance companies and with trial experience

There are particular elements that must be addressed before a personal injury claim can be filed. Of course, the particulars vary from place to place, but the basics are as follows:


You must indicate that the person charged in your personal injury actually does bear legal responsibility.

You must prove that the damages you claim reflect your injury or loss

Once you have established the above facts, then you need to figure out which of these basic areas you will base your personal injury claim.


Personal Injury Claims are commonly linked to the below mentioned areas

Negligence.

This is essentially accusing the defendant that your injury was caused because he or she could have prevented it, and did not. For example, if your accident was caused by a defect on a path or pavement, for example an obstacle or pothole you may be able to bring a personal injury compensation claim against those responsible for maintaining the path or pavement. However it is to be noted that although slips and falls can often be the cause of some of the most painful injuries, if you were to some degree responsible for causing your injuries, it is unlikely that you will be able to make a personal injury compensation claim. Public Place Accidents:

Land and / or property owners have an obligation to ensure the safety of all visitors. In most cases insurance cover will be in place to ensure that an injured party will be able to make a personal injury compensation claim in the event of injury occurring.

Intentional Wrong.

Cases for intentional wrong are usually the results of criminal acts against victims. Victims of criminal acts normally do not receive monetary damages from the law. This is called and Intentional Wrong because the perpetrator is believed to have deliberately injured the victim

Product liability - faulty goods

These are cases arising out of a situation where products are defective and cause injury as a result of the defect. If you have been injured as a result of purchasing a standard consumer product, which is defective, then you may be able to claim compensation from the manufacturer/ supplier as well as individuals/ companies through whom the goods may have passed.

Other Accidents:

This category will include cases not listed above. For example sports injury cases, where an injury occurs 'on the field of play' due to the reckless actions of an opponent, or the failure of an official to apply the rules of the game in the way in which they should be applied.

Although most personal injury claims are settled out of court, personal injury lawyers sometimes obtain favorable out of court settlements. The defendants are often willing to pay out more money to avoid the expensive trials, negative publicity, and perhaps to avoid losing the case.

So, your lawyer's experience counts a lot in personal injury claims.