Personal Injury Claim and What Qualifies as Personal Injury Lawsuit?
A personal injury refers to any form of a physical, emotional, or mental wound caused by someone else. As the name suggests, it is personal. That means that the injury must directly occur on a human being, not his reputation or property.
A personal injury claim refers to the lawsuit or case filed by the victim against the person responsible for their injuries. Legally, the victim is known as the plaintiff or claimant. And the one responsible is the defendant. The personal injury claims lawyers are the people with the expertise to handle such claims on behalf of the parties.
How to Handle a Personal Injury Claim
Accidents are inevitable. We can try to avoid them, but we can’t get rid of them. They can happen any time, and we cannot tell how, where, or by who. That’s why we all need to understand what personal injury is all about how to deal with it. Of course, no one wants to get into an accident, but they do happen anyway, and there isn’t much we can do about it. You can only hope for the best but also prepare for the worst just in case it happens to you.
That said. Personal injury claims are complicated and can be quite messy, depending on their nature. But that doesn’t have to be the case always. If you follow the right procedure right from the beginning, you will realize that personal injury claims are not necessarily as bad as most people claim.
Here is everything you need to know
The Process Begins Immediately After the Accident
When it comes to personal injury claims, everything matters; that includes all the tiny details that may seem irrelevant; nothing is useless. The point is, start preparing for a personal injury claim immediately after the accident.
- First, call the police to record a statement.
- Next, document the scene of the accident while it is still fresh if you can. That includes photos, videos, and any other information you can gather. It’s even better for you if you can remember any events that happened before the accident.
- Seek medical attention. It does not matter whether you feel pain or not don’t go home without going to a hospital. If not for the lawsuit, do it for your health. Some personal injuries are internal and might not cause pain immediately after the accident. If left without treatment, such injuries become severe and can cause irreversible damage or even death, depending on the situation. By all means, visit a doctor immediately after a doctor to rule out that possibility. Other than that, your medical records will come in handy to prove your injuries beyond a reasonable doubt.
- Remember to hire a personal injury claims legal expert in the early stages of your process. When it comes to personal injury lawsuits, time is of the essence. The longer you wait, the harder it will be for you. Find a good lawyer as soon as you can to avoid any unnecessary disappointments.
You Do Not Have All the Time
The statute of limitation is the law that dictates the maximum time you can wait to file a lawsuit. The law requires that you stick to the time limit to make a valid claim. After that, your case will be closed/dismissed, and the defendant will walk scot-free, leaving you with nothing.
So, how much time do you have to make a personal injury claim? Well, that depends on where you are. But if you were to judge by the majority, you can expect anything between one and five years. The law of limitation varies from one nation to another and, in some countries, from one state to another. Find out the specific time applicable to you to avoid being caught up by time.
- What Qualifies as a Personal Injury Claim?
In general, any injury caused by anyone else but you qualify as a personal injury claim. As you can imagine, the list is endless. Here are the most common personal injury claims.
- Road Accident Cases
Road accidents have the highest number of personal injury claims in the world. These include
- Car accident claims
- Pedestrian accident
- Motorbike accidents
- Bicycle accidents and so on
When these accidents happen, usually it’s because someone was reckless on the road, and as long you are not the one, you have a case.
- Trip, Slip, and Fall Injuries
Trip, slip, and fall injuries are also very common, but most of them are not severe. But that does not mean that they are not dangerous. No! They actually have the potential to cause some of the worst injuries, such as head trauma, broken bones, head trauma, and even spinal injuries.
If by any chance you find yourself in such a situation on any premises, you have a right to make a personal injury claim against the owner of the property or the one leasing it. Anyone who a property or is otherwise in charge has a legal obligation to maintain it to keep everyone, including you, safe. As long as you can prove negligence on their part, you are good to go.
Examples of such cases include
- Accidents in school
- Accidents in a restaurant
- Accidents on a pavement area and many more
- Work-Related Accidents
Your employer has the legal obligation to maintain a safe working environment for you and all the other employees. That includes providing you with the necessary equipment relevant to your job, maintaining safe machinery, and everything else that is essential for your safety while working. Again, if you suffer an injury due to negligence on your employer’s part, you have a right to file a claim against them as long as you can prove it.
- Medical Malpractice
Medical malpractice refers to any injury by a health practitioner due to ignorance, carelessness, or unprofessionalism. That includes poor diagnosis, wrongful medication, errors during surgery, etc. If you feel like your doctor did not do their best to avoid the injury, you have a right to file a lawsuit against them.
Personal injuries cause a lot of pain and suffering, both physically and financially. If you do not know how to go about them, you can find yourself paying for someone else’s mistakes for the rest of your life.
But now you know what to do to protect yourself against such.