Personal Injury Basics & How to File and Settle Claims

Suffering a personal injury impacts the life of every victim in some ways. The extent of the damage is not always the same on the victims, but there’s a fallout after the fact results in personal issues that will include medical treatment bills and potential lost wages when the personal injury is serious enough to restrict the victim’s ability to earn a living.

And, general damages for non-economic pain-and-suffering should also be considered in any personal injury scenario, and especially if there will be long-term or lifetime difficulties.

While some accident cases may not be as serious, other catastrophic or fatal cases should also be claims for equitable and fair financial compensation when injuries change the lives of the victims.

This could happen to anyone, especially in a vehicle accident, and understanding some basic principles of filing and settling personal injury claims is important.


Premises Liability Claims

Anytime someone is injured on a specific property in a slip-and-fall incident the owner and manager of the property could be found liable.

Factors such as authority to occupy the property can matter considerably, but that is not always a full restriction for a personal injury claim.

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Public and commercial property liability determinations are different from private property cases, as business operators are inviting all customers in and many public parks and buildings are open for access as well.

All property owners or managers are required to maintain safe areas for customers and visitors, and anyone injured in either location could easily have a personal injury claim when the case facts validate the filing.


Vehicle Accidents

Car accidents happen all too often on American highways, often resulting in fatalities and serious injury.

Traumatized passengers could have a personal injury claim as well even when they are not seriously injured, especially in scenarios of egregious negligence on the part of any driver.

Truck accidents are also common examples of how accidents can produce very serious or fatal injuries, and many times both a private owner driver and the trucking company could be liable for negligence.

These cases are always strongly defended, so it is imperative to have an experienced truck accident attorney handling the claim.

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Work Injuries

Compensation for work injuries normally is processed differently from standard personal injury claims.

State workers compensation insurance programs restrict injured employees from suing the employer for general damages unless the employer is guilty of illegal or negligent behavior, such as requiring workers to perform job duties in unsafe situations.

Many workers comp insurance companies are also known for denying claims for a variety of reasons when they think they can avoid paying a claim in full.

Injury cases are also processed in a separate court, and having an experienced workers comp attorney can be the difference in a fair personal injury settlement or no settlement at all.


Comparative Negligence

One of the most important aspects of any personal injury claim is fault and negligence.

All injury cases are not equal when determining fault, as many accidents leading to injuries are caused by a range of factors that could include negligence by all parties, especially in auto accidents.

All drivers are assessed for personal contribution to causing any auto accident, and the comparative negligence percentages are used to reduce the total amount of financial benefits available.

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This assignment is not made by the court, but rather by a jury following a trial.

This incentive alone could be why the defending insurance company may want to take a case to trial when a claimant wants whole damages.


Punitive Damages

Cases that go to trial at the request of the plaintiff legal counsel will usually be in pursuit of punitive damages when they think they can prove gross negligence against the defendant.

This is a very common occurrence in serious truck accidents and wrongful death cases.

This assignment must also be made by a jury, but the court typically has the authority to reduce the punitive amount to conform with state law.

Personal injury cases are always serious legal matters that will be defended strongly in most situations. Never attempt to handle an injury claim personally.

Always get professional representation for whole damages because you only have one opportunity to go after financial compensation.

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