Two Elements Of Every Successful Personal Injury Claim

A personal injury claim is a civil claim, which is a category of tort law

. This type of law focuses on two elements - damages and liability.

For the most part, personal injury claims refer to situations where a person has sustained damages in the form of a physical injury. The damage was usually caused by the negligence of a third party (liability).

Personal injuries may come about due to a wide variety of causes. The most common types of these civil claims are caused by medical malpractice, car accidents, slip and fall accidents, and dog bites.

How Can Personal Injury Claims be Resolved?

There are a number of ways that a personal injury claim can be resolved, although the options may vary.

The option your attorney will recommend will be primarily determined by where the case is being tried and the total amount of damages that you are seeking to recover.

A personal injury claim is usually resolved in one of the following three ways:

As the result of a negotiated settlement reached either after a lawsuit has been filed or without filing a lawsuit

Via formal arbitration

Through a jury trial

There are advantages and disadvantages to each of these methods.

If you have retained a lawyer to handle your claim then she or he will advise you as to the available methods and what they feel would be the best approach to take in your particular situation. The ultimate decision will be up to you.

How Much Financial Compensation Can You Receive?

Many factors are taken into account when determining the amount of compensation that will be sought. Therefore, the amount of compensation that a plaintiff may receive will vary from one case to the next. That's because it's based on the specific components of the individual claim.

These factors include:

The nature of the injury

Whether the damage is permanent or temporary

The amount of any applicable insurance coverage

Lost wages

The amount of medical bills that were and will be incurred

Any travel expenses that are related to the injury

Pain and suffering

The type of recovery that is available may also depend on the jurisdiction, or location, where the injury occurred. That's because the statutory framework varies from one jurisdiction to the next.

Personal injury claims are also subject to a statute of limitations. These, too, will vary from location to location.

If the time period within which to file a claim has expired then the claim will be barred and won't be able to be made at any time in the future.

Most people hire an experienced attorney to help them with their personal injury claim.

by: Wendy Moyer

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