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Understanding Personal Injury Claims

Spead the word...

Feb 13,2008 by shab

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Injured within another person's premises? Suffered damages in a car accident? Lost a loved one in a wrongful death? Offended by another person with an act of slander? Then you are entitled to a personal injury claim.

Personal injury is a wrongful act of a person which caused injuries or harm to another, even death. A personal injury claim can be filed by any person who suffered damages because of another person's intentional act, or negligence.


Parties may have a valid reason to initiate a legal action against a wrongdoer in the following grounds:

• Intentional tort
• Unintentional tort or Negligence
• Strict Liability

Personal Injury Cases

• Animal attack
• Brain injury claim
• Construction liability
• Defamation/Slander/Libel
• General Negligence
• Professional malpractice claim
• Premise liability claim
• Product liability claim
• Slip and fall injury
• Spinal cord injury
• Vehicular accidents
• Worker's compensation claim
• Wrongful death claim

Injury claims are not restricted to physical injuries. They also cover damages done to person, property, rights and reputation. Personal injury may also be of psychological nature, like emotional pain and suffering, or traumatic stress.

Compensation

When a person sustains damages of any personal injury, they will be entitled under common law to receive just compensation for their loss, suffering and pain.

Personal injury compensation claims are made to recover compensations for the injuries and expenses incurred for the treatment of the injuries and loss of probable earnings. There are four main ways of getting compensation for personal injury:

• Hiring a claims assessor
• Taking legal action in a civil court
• Making a claim in a Criminal Injuries Compensation Authority
• Through a Criminal Compensation Order

Damages

A personal injury lawsuit is a viable weapon for the victims of personal injury. They can use it to receive back financial losses. They shall be entitled to economic and non-economic damages.

Economic damages are objectively verifiable monetary losses, such as the following:

• Hospital bills
• Medical expenses (e.g. therapy)
• Funeral and burial costs
• Loss of employment
• Lost earnings or possible income
• Loss of business or employment opportunities
• Costs of repair or replacement
• Costs of obtaining substitute domestic services

Non-economic damages refer to subjective non-monetary losses, like:

• Mental and emotional distress
• Anxiety
• Fear
• Discomfort
• Humiliation
• Injury to reputation
• Loss of love
• Loss of companionship
• Loss of society
• Loss of guidance

Personal injury claims can be won in court if you can provide sufficient evidence, present strong testimonies, and acquire good legal assistance from an expert personal injury attorney.

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