Personal Injury Claims Explained: What to Do After a Car Crash
Accidents occur at any time and with everyone; sometimes, they result in loss of lives, stress, and huge expenses. If you have an accident involving a car and sustain an injury, then you might be able to reclaim the loss through personal injury litigation. Learning about the claim process and knowing your rights is a good starting point if you wish to receive the compensation to which you are entitled.
In this guide, we shall have understood what a personal injury claim is all about; the type of damages that one is bound to recover; and the flow of events entertained. We will also explain why it is advisable to get a personal injury lawyer and how you can guard yourself after a car crash.
What do we mean by a Personal Injury Claim?
A personal injury claim is a legal action court case that an injured individual files to recover damages he or she has incurred as a result of another person’s actions or inactions. For instance, if a negligent driver knocks you off and you become injured, you can file for a compensation claim against their insurance company.
The key elements of a personal injury claim include:
- Duty: The defendant had a legal and moral responsibility to conduct himself in such a manner so as not to endanger the lives of others.
- Breach: Specifically, the defendant breached this duty, by failing to perform it in a negligent or reckless manner.
- Causation: The defendant’s actions must have caused your injuries 100 percent, and not someone else or something else.
- Damages: You need to have been harmed in some way. For example, you were physically assaulted, emotionally harassed, or financially compensated.
Kinds of damages which can be claimed in a personal injury claim
In a personal injury claim, different sorts of losses for which one can claim are known as damages. These damages are intended to put you in the same position again as before the occurrence of the accident.
- Medical expenses: You can claim the amount you spent on treatment, hospitalization, medication, and physical therapy.
- Lost wages: As much as you are unable to work because of your injuries, you can recover for wages lost due to this.
- Pain and suffering: This means the suffering due to the injury, for example, through pain and suffering as well as inconvenience.
- Property damage: You are able to bring the assessed cost of repair to the damaged vehicle or other personal property that was involved in the accident.
- Loss of enjoyment of life: In some cases, especially if your injury has deprived you of something that you otherwise used to enjoy (like hobbies or family time), you can recover compensation for this as well.
Procedure of the claim of Personal Injuries.
There are a few common steps that a person will have to go through if they want to have their personal injury claim processed. Here’s a breakdown of what you can expect:
- Seek Medical Attention: In the first place, one needs to pay a visit to the doctor in case of an accident, no matter the degree of the traumatism. Some of the effects such as whiplash, or a brain injury, might not be imaged right after an accident but can get worse after some time.
- Gather Evidence: Gather as much data from the accident scene as possible, including pictures of the accident, the contacts of the eyewitnesses, and the police barrier number.
- Consult with a Personal Injury Lawyer: Consult a personal injury lawyer who can assist you with your case.
- Investigation and Claim Filing: Your lawyer will investigate the case to gather any evidence to produce, check your records, and evaluate the severity of your injuries. Later, they will submit your case to the insurance company or the court.
- Negotiation and Settlement: Sometimes, an insurance firm may decide to pay the claimer a certain amount in order to avoid proceeding to trial. Your lawyer will purchase on your behalf with the aim of receiving a lucrative deal.
- Litigation (If Necessary): If an amicable solution is not achievable your case may proceed to the court of law. Court where a judge or a jury will be able to determine the -outcome.
- Receiving Compensation: After answering a case, you will be paid for your injuries, treatment costs, lost wages, and pains.
When you emotionally and physically are subjected to such experiences, contacting personal injury lawyers will assist you in navigating this tricky situation and being on the right side of justice.
Advantages of contracting the services of a Personal Injury Lawyer
Thus, the presence of a lawyer in a claim increases the probability of getting a just monetary award in a grand way. Here’s how a personal injury lawyer can help:
- Legal Expertise: Personal injury lawyers know how the law works and how it will be applied to your case. They can guarantee that your claim has been filed in the correct filing manner and that it is on time.
- Investigation and Evidence Gathering: They also have the experience in the best ways to assemble all the evidence that supports your case, from fetching your medical records to sourcing witnesses.
- Negotiation Skills: Insurance companies deal more with personal injury lawyers, and they have the capacity to negotiate for the best settlement amount.
- Trial Experience: In this case, if the case goes to court, your attorney will stand for your cause and defend your case before a judge and a jury.
Looking for the best personal injury attorney
In selecting an attorney for one’s personal injury case, the attorney must practice car accident and personal injury law. Here are some tips for finding the right lawyer:
- Ask for Referrals: Seek advice from your other friends, relatives or workmates who have come across people with the similar signs.
- Research Online: It will be helpful to check the number of people who have used the lawyer’s services and their rating of him or her.
- Schedule Consultations: Most lawyers provide consultation services for free. Spend the time to briefly talk with a few in order to identify who would be the best to handle your situation.
Common Car Accident Injuries
There are a variety of injuries that a car accident may produce, from mild to more serious. Some common injuries include:
- Whiplash: A whiplash is a neck injury that occurs anytime there is a jerk movement, such as during an auto accident.
- Back and neck injuries: Lumbar injuries or acting on the spine and muscles that lead to long-term pains and aches.
- Traumatic brain injuries (TBIs): Head injuries that may cause permanent loss of memory, learning disabilities, and impairment of motor skills.
- Spinal cord injuries: Severe injuries which can cause one to lose the ability to move some or all parts of the body.
What to Do After a Car Crash
After an accident, it’s crucial to protect yourself and your legal rights:
- Seek Medical Attention: Never underestimate an accident because even if you feel well after it, it is wise to go to a doctor for a check-up.
- Document the Accident: Photography, notes, collecting data from the witnesses.
- Report the Accident to the Police: In any case, it is advisable to file a police report to formally report the accident.
- Avoid Admitting Fault: Do not apologize or say sorry to whoever caused an accident. This could be used against you later.
- Contact Your Insurance Company: Give your insurer a notification of the accident and share with them all the details.
- Consult with a Personal Injury Lawyer: You may wish to seek advice from a lawyer and should know that you have rights.
Conclusion
Car accidents can change people’s lives, but knowing victims’ rights and the things that need to be done in a personal injury claim can help individuals deal with everything after an accident. When you choose to seek medical treatment, collect your evidence, and talk with other personal injury lawyers, then you can guarantee that your case is being done the right way and that you will be paid for all your injuries and damages. Of course, time is always against filing the claim, but it is the best way to act and defend your rights. When hiring an attorney for a personal injury case, you don’t have to worry about the legalities and concentrate on healing.
