Mishaps and accidents are relatively common, especially at workplaces. However, if an injury or severe harm occurs due to a party’s inability to enforce safety standards, they may be liable. In these cases, a personal injury claim is filed. If you or a loved one has experienced harm and injury due to the negligence of another party, you may be eligible to file a personal injury lawsuit. In this article, you’ll learn what a personal injury claim is, the reasons to file a personal injury claim and the right course of action that you should be taken.
What Is A Personal Injury Claim?
A personal injury claim or case is a legal dispute that occurs when one person suffers harm or injuries from an accident, and someone else may be legally responsible for that harm. A personal injury claim compensates victims of accidents or social wrongs, such as defamation of character.
A personal injury claim can be formalized through a personal injury lawyer, who will be representing you in court proceedings. These disputes may be fixed through informal settlements, or your personal injury lawyer can take your case to court, after which a judge decides whether a party is legally at fault.
The main elements of negligence that you need to prove in a personal injury claim are:
- The party at fault owed the plaintiff a duty of care
- The duty of care was breached or not met by the party being held accountable
- The direct course of the plaintiff’s injuries was due to the actions of the accountable party
- The damages were a result of the at-fault party’s actions
Here are some of the reasons why you should file a personal injury claim if you meet the guidelines.
They Ensure Appropriate Medical Care
Personal injury lawsuits, although defamed to be frivolous, become necessary when medical bills begin to pile up. Medical expenses, especially if you don’t have healthcare, can result in a mountain of debt. Personal Injury lawsuits can quickly become your only option if you have ongoing and future hospital bills. These include bills for surgery, medication, physical therapy, hospital care, continued care, and more. They also sometimes involve the time and income missed by the plaintiff due to injury and time spent at hospitals.
Since healthcare costs are often quite hefty, filing a personal injury claim helps you exercise your rights under the law. It deters negligent behavior and reprimands companies and other parties from committing the same mistakes again, resulting in injuries of other people.
They Prevent Negligence
To file a personal injury claim, a victim needs to be seriously injured by a liable party whose negligence led to the injury. A personal injury lawsuit can serve as a reminder to the liable parties to prevent negligence from occurring again.
Personal injury claims deter repeat behavior from happening. They show culprits and those who can easily find themselves in a similar situation how important it is to pay attention to and enforce safety standards.
While personal injury cases don’t make money directly from the party, a similar party would want to avoid a personal injury claim as it may ruin their reputation and image in front of their clients. This protects other people from potentially getting harmed and suffering serious injuries at the hands of the party at fault.
They Hold Insurance Companies Accountable
Personal injury cases don’t take money directly from the guilty party—instead, these settlements are paid out by their insurance companies.
When accidents occur, insurance companies lose money. For this very reason, insurance companies deny claims for minor reasons. Insurance companies often attempt to limit or deny personal injury claims by any means necessary. If you’re filing a personal injury claim, you’re ensuring that the insurance company is being held accountable for their clients.
Prevents Wasted Taxpayer Money
When people who suffer harm at the hands of other party and fail to file a personal injury claim to pursue money from insurance companies, it results in wasted taxpayer money.
When a person is injured to the point that they are unable to work, they don’t have the means to sustain themselves and don’t have the money to pursue proper medical care. As a result, they turn to government assistance for sustenance, which is funded by taxpayer money.
When the financial burden is rerouted to insurance companies that are answerable to their clients, it saves a lot of government resources. The public funds can instead be used for projects that cater to the public interest as well as other areas that benefit society.
Choosing the Right Course of Action
If you’ve been injured and you can’t cover the medical costs, you should look into hiring a personal injury lawyers. Plaintiffs have a limited time frame within which they can file a lawsuit, known as the statute of limitations. Usually, this begins when the plaintiff becomes injured or discovers the injury.
Statue limitations are established by state law and often vary from injury to injury. Any potential injury case requires a very detailed and intricate understanding of the law. Get professional legal help at Hare | Wynn, Newell & Newton, where they deal with a number of personal injury cases, including car accidents lawyer, brain and birth injuries, catastrophic injuries, medical malpractice, and medication error, burn injuries, and more. Having helped clients recover at least 3x more than they would have gotten without any assistance from attorneys, Hare |Wynn’s team of lawyers has decades’ worth of valuable experience.