January 5, 2019

Quick Guide: Filing a Personal Injury Claim

  • by Jose Smithe
  • 3 Years ago
  • Comments Off

If you suffer a loss because of the negligence of another party, it is within your right to file for a personal injury claim. This allows you to be appropriately compensated by the responsible party.

We all know that accidents can happen. Sometimes these incidences affect you in a way that has negative long-term effects on your life. In some cases, these accidents take place as a result of another party neglecting their responsibilities. In such a scenario, you can sue the people responsible for appropriate compensation. Personal injury claims attempt to pay back the aggrieved party for the suffering they have endured.

What Incidences Qualify for a Personal Injury Lawsuit?

The first thing of note when considering a personal injury claim is identifying who is really responsible for the damages or losses incurred. For you to be successful with your lawsuit, you should not have played any role in the incident that transpired. If you are partly responsible for the suffering caused, you will have a hard time getting the opposing side to compensate you for your losses.

The injury incurred should be the full responsibility of the party being sued. This means that the damage would not have taken place if it wasn’t for the opposing side’s role in the incident. Hiring a professional firm such as the Lawyers of Cohen, Placitella and Roth can help you distinguish the level of responsibility that can be blamed on the people or person being sued.

Medical Records are Important

If your injury is of a physical nature, you should make sure that it is officially recorded in a medical facility, and the records are availed to the court. It is crucial that you visit a hospital and have a professional look you over to determine the extent of the injury. This will be useful should you need to produce evidence of the affected area, as you will have the support of an expert opinion.

A common mistake that many people make is waiting a while before visiting a doctor. This allows the wound concerned to start healing; meaning the full extent of the damage cannot be accurately determined. Others might even fail to visit a hospital altogether due to the fear of high medical costs and expenses. This will make proving their injury to the court a very difficult process.

Identify the Value of your Losses

You should be well aware of the amount of damage that was caused by the responsible party when you are filing your personal injury lawsuit. The value of these losses should also be accurately identified using any relevant documents. These records allow you to calculate how much you deserve from the compensation.

You cannot simply just pull a number out of the air and claim that is how much you are owed, however. Any value stated should be backed with relevant evidence supporting the amount that has been mentioned. In cases dealing with physical injuries, for example, you can arrive at an appropriate figure by adding up any medical bills incurred, as well as any other financial losses experienced as a result of the injury – such as losing your job.

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