Injuries at the hands of another party are known as personal injuries. Personal injury claims encompass a variety of cases, like malpractice, dog bites, car accidents, and product liability. While every injury and cause is unique, personal injury cases and damages are standard. The key to a successful claim is understanding the filing process and securing legal counsel to establish the evidence of liability for costs incurred.
The Claims Process
The claims process for personal injury cases is straightforward: filing, response, settlement negotiations, acceptance or rejection, and trial. Your attorney can help you fill out the correct paperwork and file it with the court. Once you submit your grievance, you will need to notify the defendant in the case, who will then have a chance to respond. After the initial notification and response stage, your lawyer and the defense lawyers will work toward a settlement. If an agreement is not established or if you reject the defense’s offer, then the claim goes to trial where a judge will have the final say.
As the plaintiff, you can file several damages. One category you can claim injury for is general losses. This category pertains to more abstract losses like pain and suffering or other psychological trauma. Your attorney may have a hard time proving these damages because there is likely no physical evidence; however, they can use expert witnesses, like your psychiatrist, to establish a connection.
Compensatory damage refers to provable losses and expenses. Your legal team should have no issue establishing a direct correlation from these expenses to the accident or injury. Medical expenses and lost wages are part of this category of damages. Beyond medical expenses, you can sue for property damage. If you were in a car accident, you could seek restitution for car-related costs.
Punitive damages are unlikely in most personal injury claims because they require intent. You must prove that the defendant knowingly or willingly contributed to your injury, either through a deliberate act or criminal neglect. Establishing such intention is challenging in most cases, which is why most claims focus on compensatory and general damages.
Most laypeople do not understand the intricacies of personal injury law, which is why hiring an experienced attorney is crucial to receiving restitution for your injuries. Contact a local lawyer, like a personal injury lawyer from Darrell Castle and Associates, PLLC, to discuss the merits of your claim and to determine the likelihood of success.