By Kay Zeeh
Personal injury is a category of civil claim, or a tort law. These claims are grounded in two elements: damages and liability. Personal injury claim generally refer to instances where an individual has sustained a physical injury (damage) as a result of a third party's negligence (liability). The cause of the injury can take many forms. The most common types of personal injury claim are dog bites, premises liability ("slip and fall" accidents), automobile accidents, and medical malpractice.Depending on the location, or jurisdiction, where the injury occurred, the type of recovery available can vary due to differences the statutory framework. As well as the amount of compensation received for a personal injury claim is variable based on the particular components of each individual's claim. Multiple factors are taken into account, including the nature of the injury sustained, whether or not there is any permanent damage, the extent of the applicable insurance coverage, the amount of medical bills incurred, any lost wages, injury related travel expenses, various out of pocket expenses, and pain and suffering.
All personal injury claims are subject to a statute of limitations, or a period of time during which the claim can be legally pursued. Once this time period expires, the claim is barred and cannot be brought afterward. If you wish to pursue a claim, it must be done prior to the statute of limitations. The statute of limitations varies depending on where the injury occurred.
Consulting an attorney regarding the specifics of an individual personal injury claim is advisable. An attorney can provide legal advice about how to pursue your claim, including what documents will be necessary to prove your case, the manner in which insurance coverage works, how you can expect your claim to proceed, and what your rights are. Attorneys are able to provide you with the exact statute of limitations for pursuing a personal injury claim in your jurisdiction. Attorneys also have prior experience with these types of situations. Since the average person is not usually familiar with this situation, it is common to have many questions related to your complaint.Personal injury claim are usually resolved in one of three ways: a negotiated settlement (either without filing a lawsuit or after suit has been filed), through formal arbitration, or by a jury trial. There are both advantages and disadvantages to each method of resolution. If you retain an attorney for handle your claim he or she will advise you about which methods are available and what is best for your claim. Ultimately, however, any decisions about settling your claim will be yours. Attorneys provide a resource and an guide to help you navigate your personal injury claim.
