personal injury claim process

Your Guide to Understanding the Personal Injury Claim Process

There are over 6 million car accidents in the United States each year. To make matters worse, many people experience chronic injuries after getting into a car accident.

Filing a personal injury claim might seem difficult, but it’s not as complicated as most people think.

We’ve put together a guide that details how you can make the most of this type of lawsuit settlement. Let’s explore everything you should know about the personal injury claim process.

When Do Personal Injury Incidents Typically Occur?

More often than not, personal injuries can occur during car accidents. This could be anything from a minor collision to a serious crash that causes serious injuries.

The presence of certain factors will increase the risk of personal injury on the road. Some of the most common are driving under the influence of drugs or alcohol, driving recklessly, or driving during poor weather conditions.

What Should You Do After a Personal Injury Incident?

If you’ve been injured in a car accident because of someone else’s negligence, the first thing you should do is seek medical attention. It’s also important that you document everything related to your accident.

This includes taking pictures of the accident scene, getting contact information from witnesses, and keeping track of all your medical bills. Once you have this documentation, you can start building your personal injury claim.

What Is the Statute of Limitations for Filing a Personal Injury Claim?

In most states, the statute of limitations is two years from when the accident occurred. However, you’ll have a much better chance of achieving a desirable outcome if you file your claim as soon as possible.

If you need more info on this topic, it’s best to get in touch with a reputable attorney.

What Do You Need to Prove in a Personal Injury Claim?

There are four elements you need to prove in a personal injury claim.

Let’s explore them below.

1. Duty of Care

Duty of care needs to be proven in order to establish the other party’s negligence.

This refers to them having a responsibility to keep you safe from harm. For example, all drivers have a duty of care to other motorists on the road.

2. Breach of Duty

You’ll also need to convey that the defendant breached their duty of care in order to prove negligence.

This means that they failed to uphold their responsibility to keep you safe. For instance, a driver who runs a red light has breached their duty of care.

3. Causation

You’ll also need to prove that the defendant’s breach of duty caused your injuries. This means that you would not have been injured if the defendant had not breached their duty of care.

You’ll need to collect a sufficient amount of evidence in order to prove causation in most cases.

4. Damages

The final element requires you to prove that you suffered damages as a result of the accident. This could include medical bills, lost wages, and pain/suffering.

Mental or emotional distress is not something you should neglect, so keep this in mind when considering damages. If you can prove all four of these elements, you will have a strong personal injury case.

What Types of Damages Can You Recover in a Personal Injury Claim?

There are two types of damages you can recover in a personal injury claim: economic and non-economic.

Economic damages include lost wages and medical bills since they have a monetary value.

Noneconomic damages are often more difficult to define. However, these include pain and suffering, loss of enjoyment in life, and emotional distress.

It’s not uncommon for noneconomic damages to be more significant than economic damages.

What Is the Average Personal Injury Settlement?

There is no such thing as an “average” personal injury settlement because every case is different. The amount of money you receive will depend on many factors, such as the severity of your injuries, the number of economic damages you suffered, and the jurisdiction in which your case is filed. In some cases, though, you may be awarded $100,000+.

What Are Common Mistakes That People Make When Filing a Claim?

One of the most common mistakes people make when filing a personal injury claim is waiting too long to seek legal help. If you wait too long, you might miss important deadlines or be unable to collect certain types of evidence.

This can jeopardize your case and result in a lower settlement offer. Another common mistake is failing to keep track of medical appointments and expenses. This can be difficult to do when you’re dealing with the pain and inconvenience of an injury, but it’s important to keep track of everything related to your recovery.

This will not only help you build a stronger case but will also ensure that you are reimbursed for all of your medical expenses.

The Personal Injury Claim Process Is Easier to Understand Than You Think

Although it might seem complicated at first, this obligation is something that you can navigate fluidly. Just be sure that you keep the above information in mind so you can make the decisions that are best for your personal injury claim process.

Want to learn more about what we can offer our clients? Feel free to reach out to us today and see how we can help.

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