Many of us get hurt or injured at some point in our lives, be it a slip and fall or a car accident. It’s common that not every misadventure will necessitate legal action, but what if your injury or harm is due to someone else’s negligence? You may then have a valid reason to make a personal injury claim against the perpetrator.
Here are some things you should consider before filing a claim or lawsuit when you have sustained injuries in an accident.
Types of Legal Claim
To make a legal remedy for physical harm, you can either file an insurance claim filed with the insurer of the party at fault or a personal injury lawsuit in court. Both actions will allow you to claim a certain amount of compensation for damages, which cover your losses as a result of the accident and the injuries sustained from that. These losses also include your medical bills, pain and suffering damages, lost income, and other types of losses. Here is a reliable hackensack personal injury lawyer.
There are many different types of incidents and legal claims, and below is a summary of a few general types of cases where you are eligible to claim compensation. You can claim compensation either from an insurance claim or a civil lawsuit under these circumstances:
1. Slip and Fall
If you happen to sustain injury from a slip and fall in a store, workplace, or on any property premises, the liability falls on the property owner of the particular premise.
2. Car Accident
For a car accident due to the driver’s negligence, the usual liable party is the driver who is at fault.
3. Medical Malpractice
Medical malpractice usually leads to a patient’s injury or death due to medical negligence and is a unique type of personal injury case. You can file a civil lawsuit or insurance claim against doctors, medical professionals, or even hospitals and medical facilities.
4. Assault and/or Battery
Unlike most personal injury claims which occur due to negligence, assault cases or intentional torts are not accidental. These cases, which consist of sexual crimes, false arrest, or assault and battery, arise when one person intentionally harms another, resulting in injuries. The liability thus falls on the perpetrator or aggressor.
5. Defective Product
For any injury caused by a product, the product manufacturer must pay compensation.
6. Animal Attack/Dog bite
If you are bitten by a dog due to the owner’s negligence, then the owner is liable for the injury sustained by the victim. You are able to file a civil lawsuit or a homeowner’s insurance claim.
Besides a personal injury compensation claim, there is another type of claim you can make called the Workers’ Compensation Claim. If you suffer an injury at work, you can turn to a workers’ compensation insurer instead of a lawsuit to recover your losses. In most workplace accident cases, the injured worker is prohibited by law from suing his or her employer. As obliged by state law, most employers are required to provide workers’ compensation insurance coverage for their employees.
Things you need to make a case
In order to claim compensation for your personal injury, you need to be able to show liability on the part of the other party and prove that your injury is purely due to the other party’s negligence.
As stated by personal injury law, the responsibility of proving fault and damages is in the hands of the individual making the claim. If your claim makes it successfully to trial, you will then have to prove your case by presenting evidence that is more credible, convincing, and true than that presented by the other party. This evidence includes the cause of your injuries, the extent of severity of your injuries as well as the defendant’s liability. It is difficult for your case to reach the verdict stage, and even more unlikely that your case would arrive at the trial stage, but understanding the burden of proof in a personal injury case and using it as an assessment of the strength of your case would aid in the higher success of your case.
However, no two personal injury cases will follow the same path as no two accidents are the same, and not every case will boil down to the issue of whether the other party was indeed negligent. For instance, if you happen to hurt yourself on the job, you would have to file a Workers’ Compensation Claim according to the procedures in your state instead of a civil lawsuit.
What evidence do you need to prove your claim?
To successfully prove your case in the event of a personal injury caused by another party, you will have to show concrete evidence that the other party was indeed negligent. The kinds of evidence required vary according to the nature of the accident and the type of claim you are making. They include:
- An incident report produced by a business outlet in the event of a slip and fall at the particular premise
- Eyewitness statements that attest to the details of how your injury occurred
- A police report in the event of a car accident
- Photographs capturing the accident scene and other evidence that can prove the circumstances or cause of injury
- Records of all medical treatment related to your injury, such as visits to the clinics, hospitals, therapists, etc.
- Testimony from a medical professional or doctor with regards to the cause of your injury, to prove that the injury was not simply due to an existing or unrelated injury
- Records documenting your time missed at work and your typical income in the case of a lost wages claim
Lastly, it is best to seek out a lawyer to represent you and for them to advise and help you determine whether your case is valid and strong. Having an experienced personal injury attorney would greatly help in proving your case, especially if you are not sure what type of evidence is required or how to get them.