About Personal Injury Claims
Millions of people incur physical or mental injuries each year that are caused by an accident, negligence or an occupational hazard. Personal injury claims are then filed to seek compensation for any injuries that were sustained and the resulting expenses for treatment. Typically these claims involve automobile or workplace accidents, improperly working products, incidents of assault or occupational dangers. Recurring "strain" injuries, asbestosis, emphysema, mesothelioma, asthma, stress and hearing loss are considered occupational dangers.
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Types
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Whether you can file a personal injury claim depends on the particulars of the accident and its cause. In a motor vehicle accident, "fault" or "negligence" is established by reviewing pertinent traffic laws and who was responsible for the accident and its resulting injuries. Injuries incurred at a commercial site such as a store are compensable only if they are the result of an unsafe and/or a pre-existing condition. Property owners, renters or occupants could be liable if injuries result from negligence, pet "assault" or inadequate maintenance. Most personal injuries sustained in the workplace are covered by an employer's workers' compensation insurance. Personal injury claims are not so clear-cut when the injuries are sustained because of hazardous products, the elements (such as snow and ice), defective professional services or malfunctioning public utilities.
Identification
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Not all personal injury claims are paid out. Oftentimes such cases are dismissed because of insufficient evidence. Several steps can be taken, however, to increase the chances of a successful outcome. Document (in writing) as many of the details of the accident as possible, including when, where and how it happened; what injuries were sustained; and the amount of lost wages (if any) that were incurred. Write down any discussions that took place with others involved in the accident. Contact any eye witnesses whose testimony can offer credence to your claim. Gather physical evidence and take pictures of any visible damage at the scene.
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Benefits
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The value of a personal injury claim usually is based on what would be considered "fair and reasonable" relative to the seriousness of the injuries and the repercussions the accident had on the individual's daily life. Situations calling for extensive medical care and lost time from work or those resulting in permanent mental or physical damage may yield a more significant settlement. Should the claimant be deemed partially responsible for the injury-causing accident the settlement amount most likely would be reduced.
Misconceptions
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An attorney is not always needed to file a personal injury claim. Cases involving minor injuries that will not cause an individual to lose time from work or school or require considerable medical attention usually can be handled in small claims court. In situations involving serious injuries or when an injury's effects are uncertain you should seek the advice of an attorney experienced in personal injury claims.
Warning
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Be aware of your state's statute of limitations for filing a personal injury claim. Petitioners have anywhere from one month to one year to file a lawsuit or an insurance claim depending on the claim and the individual's particular state. An individual's insurer also affects the amount of time allowed for filing. Ask your insurance agent about your state's filing requirements.
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