Personal Injury Claims Process
The personal injury claims process encompasses all legal claims dealing with injury to the body or mental and emotional state. The term personal injury is a legal term referring to a type of tort (civil wrong) lawsuit claiming that the injured party has been caused harm due to the negligence of another. The process begins with a compensation claim filed by the injured, and ends with either a settlement or lawsuit heard by the court.
Types of Claims
The most prevalent types of personal injury claims deal with auto traffic accidents, work and home related accidents, trips and falls, product liability (defect), as well as medical and dental negligence. There is also a category classified under industrial disease, which include injury cases involving asbestos, mesothelioma, chest diseases, repetitive strain and occupational stress and deafness.
Submitting a Claim
To proceed, the injured party (plaintiff) must first file a compensation claim with the respondent, also known as the defendant (the individual or company who is being sued for alleged negligence). This is a formal complaint that allows the respondent time to offer or reject a resolution prior to the case court. At this beginning stage, you can file the complaint yourself or hire an attorney on contingency to handle your case.
Proof of Injury
Once a claim is filed, the plaintiff must provide proof of damages. This entails proving that the defendant breached a duty to the plaintiff and that this negligence caused the plaintiff harm. An example of duty would be an auto driver that has a duty to other drivers to be reasonably careful or in the case of a manufacturer, the duty would be not to make a defective product. The plaintiff must gather evidence such as photos of injuries, police reports, medical reports and proof of loss income to substantiate that the damages incurred must be compensated.
Negotiating Damages/Settlement
Some factors involved in deciding the proper value for your claim are the amount of your medical bills, future medical bills, loss of past income, your age, future earnings, and pain and suffering. You or your attorney will present the desired amount to the insurance company and if offered a settlement that you do not feel is fair and reasonable, standard practice is to negotiate until you receive the entitled compensation.
Court Proceedings
The majority of personal injury claims are settled out of court; however, if the respondent does not offer a fair settlement or does not offer any type of settlement at all, then going to trial may be a plaintiff’s only recourse. This can be at the state or federal trial level but most personal injury lawsuits are heard in state court. Being that this is usually a lengthy, expensive process for both parties involved, taking a claim to court is employed as a last resort.