Everything You Need to Know About Personal Injury Claims

Dec 2, 2021 | Personal Injury

A personal injury accident,  whether it happened in a mall, on holiday, while driving, or at work, can leave you with a devastating injury that will have an impact on your life and those who consider you dear. Depending on the severity of the injury, you might be left facing several difficult issues, such as how you are going to pay your medical bills, what the injury means to your career, and whether insurance will help cover some of the costs.

If this is the case, then you should know you are not alone. These are valid concerns for anyone who has sustained a personal injury. To help you resolve your issues, we have created this tell-all guide on personal injury claims to help you receive compensation for your injuries.

What Is a Personal Injury Claim

A personal injury claim is a legal case you can open if you have been hurt in an accident caused by someone else’s negligence. It is the formal process of recovering compensation from the other party responsible for your injury.

You Deserve Financial Compensation for Your Injury

The fact that you sustained injuries because of the negligence and carelessness of another individual or corporation is enough to demand adequate compensation. You do not deserve to be compromised financially, physically, mentally, or emotionally because the other party did not comply with the safety rules and laws put in place to ensure accidents do not occur.

Personal Injury Cases Often Involve Insurance Companies

Many personal injury cases involve insurance companies. However, keep in mind that these companies are usually concerned with limiting the fiscal exposure of their organization.

As such, the insurance company might offer a settlement that is a lot less than it should ideally be. This can greatly affect you financially, especially if your injuries cause you to be out of work for a certain period.

It Involves More Than Just Car Accidents

The most common personal injury claims are associated with car accident injuries. Still, they can stem from other occurrences like medical malpractice, attacks from animals, assault, battery, the imposition of any emotional distress, accidents due to unsafe premises, or wrongful death cases.

Anything that causes physical or emotional instability due to the ignorance or non-compliance of another individual or organization is legally considered a personal injury case.

The Claims Process Is a Lot Smoother When Personal Injury Attorneys Are Involved

Medical expenses from the injury may cost a lot of money, and to get reparations from the individual or entity who caused the harm might mean going to court or involving the legal system in other capacities.  However, the claims process is a lot easier if one is working with Arlington personal injury lawyers.

When hiring your Arlington personal injury attorney, make sure they are well versed with the physical, financial, and mental shortcomings of the injury you are facing. Having an attorney also lifts the stress of dealing with the other party and allows you to focus on rehabilitation and recovery.

Every Case Is Different

Cases are dealt with individually, and the final decision will vary depending on the circumstance. Some cases go to trial, while others settle outside of court. Other factors that influence the process include the type of the injury and the cause of the injury.  Compensation can also differ depending on the case. Some cases will include medical expenses, while others will demand funeral or burial expenses or compensation for property damage.

Some Cases Take a While Before They are Settled

Waiting for compensation while rehabilitating after an injury can be incredibly stressful. Many cases settled outside of court last a few months, but those taken to court for a trial can last over a year.

As such, several expenses might weigh you down in between taking a work sabbatical. However, try to be patient and do not let financial desperation have you take the first offer. The best thing to do is to consult an experienced personal injury lawyer for sound legal advice.

You Can Make A Claim Even When Partially At Fault

A personal injury victim can still claim in many places even when they are partially to blame for the injury. However, in such cases, the compensation is appropriately reduced.

For example, the injured person is found to be 10 percent at fault, the expenses are reduced by 10 percent, and the person making a claim is compensated with the remaining 90 percent of the agreed-upon compensation.

The Time To Make The Claim May Be Limited

Due to the statute of limitations, there is a limited timeframe in which a personal injury claim can be stated. This does not include the time to settle it outside of court or the time it takes to complete the trial. If the time given in the statute of limitations expires, the injured person cannot state their claim legally. The time varies from jurisdiction to jurisdiction. However, the average time is about three years from the date the injury was inflicted.

An Injury Does Not Always Equate An Actionable Claim

The mere fact that the person sustained an injury does not necessarily mean that there are grounds to make a personal injury claim. The person making a claim must have proof that they sustained injuries directly from the defendant. They must also prove that the defendant’s negligent nature caused these injuries to be sustained.

Additionally, they must prove that it was the defendant‘s duty to ensure the safety of the injured. For example, if the injured person was a customer in the defendant’s store, they are owed a safe premise to do their shopping. So, if an injury-causing accident happens, there are sufficient grounds to make an actionable claim.

Look For a Personal Injury Law Firm Working on a Contingent-Fee Basis Such as Ted Machi & Associates

At Ted Machi & Associates, we understand that you might not be able to pay your legal fees periodically due to the potential burden of shouldering medical expenses and not being able to work as a result of your sustained injuries. That is why we provide our personal injury claim services on a contingent-fee basis. This means that you will only pay us if we can eventually resolve the case for you. This will allow you to use your money for important day-to-day essentials you need to power through your current situation.

Sustaining injury from an accident can be incredibly stressful for anyone. Unfortunately, the same can be said when hiring a personal injury law firm to handle your personal injury claim. So, if you need help filing for personal injury claims, Arlington, Tx – based Ted Machi & Associates can fight your legal battles. Give us a call today for a free case evaluation.

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