As a verb, “claim” means to put forth a formal demand for money that is due as a remedy from an injury suffered. As a noun, “claim” is a demand for something that is due, usually in a written format.
Personal injury claims take many forms spurred by a wide range of incidents that ultimately cause a person to be injured, and therefore to suffer economic and non-economic damages for which the individual seeks compensation.
The amount of compensation that the individual seeks in a claim depends on the various ways in which the person was injured, the extent of the injuries, and the amount of damages that result from those injuries.
The injured party in a personal injury case works through a series of steps to recover damages.
Personal injury law states that if you suffer a personal injury caused by another party’s negligence, you can seek compensation for your injury and/or damages from the at-fault and negligent party.
The operative term, “negligence,” is proven via the establishment of four fundamental components:
A personal injury lawyer should have the resources, knowledge, and strategy to devise a substantial claim of negligence based on addressing the above components thoughtfully and in a compelling manner.
Once you and your lawyer have established negligence, you will need to craft a far-reaching and complete list of damages you will seek to recover via your claim.
Damages can be:
Before you dash to the courthouse, you might consider trying to settle your claim out of court. You can file a third-party claim against the liable party’s insurer. Your lawyer will send this insurance company a demand letter outlining the recoverable damages you wish to receive. The insurance company will respond in one of three ways:
If you find yourself contemplating or nearing Step 4, be aware of your state’s statute of limitations which limit the time you have to file a lawsuit following the date of the incident that caused your injuries.
Your lawyer will take the evidence resulting from his/her investigation of your accident and litigate on your behalf in a civil court for your fair compensation. A judge or jury will deliberate and determine the amount of damages you are owed.
Zanes Law would like to talk to you about your personal injury claim. We will do everything from A to Z to see that you are compensated in the manner you deserve. You pay nothing unless and until you are compensated, and the initial consultation costs you nothing but the time it takes to talk through your case. Call our firm today at 866-499-8989.