What is a personal injury claim?
A personal injury claim can be stated as a means to get compensation in case a person gets injured and suffers a personal injury. The claim amount can vary for different individuals depending on the nature of their injuries.
A personal injury claim helps to stabilize the condition of the injured person and provide him relief in a lot ways:
- By assisting in covering the medical expenses of the injured person.
- By helping the injured person to regain fitness so that he can return to work as quickly as possible.
- By wrapping all other losses and expenses in case of a personal injury.
Severe personal injuries and their consequences
Different types of personal injuries tend to occur during an accident. Severity of a personal injury can only be judged during a treatment. However, there are instances when a personal injury might not look threatening initially but may prove hazardous as the time progresses. There are certain types of injuries that people are more prone to suffer. Head injuries are those sorts of injuries that are known to affect majority of injured people quite badly. Mostly, the functioning of the brain is hampered in case of a head injury. Ineffectiveness of the brain leads to unsteady body behavior which keep the injure person in a trauma.
So, what basically happens when a person gets injured found at fault and has no insurance? There are obviously different parameters to judge all this. Generally, in a no-fault state, an injured person is required to seek damages from his own vehicle insurance company. Only in limited cases, the injured person can file a lawsuit if he does not want to adhere with the no-fault system.
Suppose a person in a no-fault state is not insured and found at a fault. In such case, the injured cannot ask for damaged directly from the guilty. Only in few cases where the injuries sustained are serious and medical expenses exceed an amount of $20,000. If a lawsuit is filed against the person without insurance, then he is liable to pay all the expenses of the injured person from his own pocket.
In the scenario of a tort state that does not abide by the no-fault insurance policy, the person causing the accident is without insurance, then he is responsible for paying all the damages to the injured person.
Role of comparative negligence in a claim
A comparative negligence rule comes into account, every time the injured person’s role is found in his personal injury. The comparative fault rule is known to register a decrease in the compensation amount, once the injured person’s guilt, even though partial, is proved.
Some factors need to be observed carefully in order to understand the comparative fault rule properly:
- Was the presence of the injured person at the place of accident acceptable? Did any other accident happen to take place at the same place?
- Was there any chance that any other individual could have averted the accident or lessen its impact?
- Was protection in the form of a barrier or a warning issued at the accident place but was ignored by the victim?
- Was the injured person found to be indulging in any kind of activity that resulted in his personal injury?
The comparative fault rule states that if an injured person is found at a fault of 51% in their personal injury, then they lose their right to file a lawsuit to claim damages from the other person involved in the accident.
How to contact an attorney
The foremost objective of an injured person is to arrange an attorney in the situation of crises. But finding a suitable attorney is a formidable task a whole lot of troubles may exist, ranging from over charging attorneys to the ones consuming a lot of time in handling of cases. But still, there exist numerous ways of how an injured person can contact an attorney:
- Searching over the internet: Majority of reliable attorneys can be found online now days as they believe in maintaining their profiles online to deal with their respective clients.
- Scanning own area: An injured person can also avail the services of an attorney around this own region. This will not only save precious time for the victim but also help in starting the proceedings for filing the personal injury claim.
- Recommendations from family and acquaintance: People we are close to can also help us immensely in hiring a respectable attorney through their links and experience.