Personal injury claims are complex legal matters, and it can be difficult to navigate the system and understand what qualifies as a personal injury claim. It’s important to know the answers to these questions if you are considering filing a claim or seeking compensation for damages. In this blog post, we will explore the various criteria that must be met to qualify for a personal injury claim. We’ll also discuss what types of losses can be included in such claims and provide an overview of the process that should be followed to pursue a claim.
How To Qualify for a Personal Injury Claim?
If you’ve been injured in an accident that wasn’t your fault, you may be able to make a personal injury claim. This is where you receive compensation for the injuries and damages you’ve suffered. The amount of compensation you receive will depend on the severity of your injuries and how much they have impacted your life.
- To make a personal injury claim, you must first show that the accident was caused by someone else’s negligence. This means that they did not take reasonable care to avoid causing an accident or injury. For example, if a driver runs a red light and hits another car, they would be considered negligent.
- Next, you must show that you suffered injuries as a result of the accident. These can be physical, psychological, or financial. For example, if you suffered broken bones in the accident, this would be considered a physical injury. Or, if the accident left you so traumatized that you now suffer from anxiety and depression, this would be considered a psychological injury.
- If the accident has left you unable to work and earn an income, this would be considered a financial injury.
Once you have established the following two things – that the other party was negligent and that you suffered injuries then you can start to think about how much compensation you might be entitled to. This will take into account both your economic losses such as medical bills and lost wages and your non-economic losses such as pain and suffering.
What Are the Different Types of Personal Injury Claims?
There are three general types of personal injury claims: intentional torts, negligence, and strict liability.
- Intentional Torts: Occur when the defendant knew or should have known their actions would result in harm to the plaintiff and does so anyway. Examples of intentional torts include battery, assault, and false imprisonment.
- Negligence Occurs: When the defendant fails to use reasonable care and the plaintiff is harmed as a result. The plaintiff must prove that the defendant had a duty to use care, breached that duty, and that the breach was the cause of the plaintiff’s injuries.
- Strict Liability: Claims do not require proving negligence on the part of the defendant. Instead, it only needs to be shown that the defendant is responsible for the plaintiff’s injuries because of an action or product of theirs. An example would be if a consumer was injured by a defective product.
Benefits of Claiming Personal Injury Claims
- Compensation: If you have sustained injuries or losses as a result of someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
- Financial security: The funds received from a successful claim can help provide financial stability for your family during a difficult time.
- Accountability: By filing a personal injury claim, you are holding the responsible party accountable for their actions and helping to ensure that similar incidents do not happen in the future.
- Justice: Making a personal injury claim is not only about getting compensated financially; it is also about obtaining justice and finding closure after an incident has occurred.
- Improved Safety: A successful personal injury claim can help to improve safety standards and regulations, ensuring that similar incidents are less likely to occur in the future.
- Enhanced Awareness: Making a personal injury claim can increase public awareness of the dangers posed by negligent behavior and encourage people to take more responsibility for their safety.
- Increased Access to Resources: Personal injury claims can provide access to valuable resources such as medical care and legal advice that may otherwise be difficult to obtain.
To qualify for a personal injury claim, you will need to have suffered an injury as a result of someone else’s negligence. If this is the case, you must seek legal advice and contact an experienced lawyer who can help you prepare your case. Taking the necessary steps to ensure that your rights are protected and that you receive fair compensation for your injuries is paramount in any successful personal injury claim.