Personal injury law (PI) allows an injured person to file a civil lawsuit in court to recover damages from an accident or incident that is not their fault.
What Does Personal Injury Mean?
Personal injury means injuries including physical or mental which you have suffered due to another person’s negligence.
It also covers any property damage you have incurred as well at the time the injury took place. If you can prove that it is another person’s negligence that caused your injury you may be able to file a personal injury lawsuit against the person at-fault.
This will enable you to recover compensation for the financial loss due to the at-fault party’s action.
Examples of Common Types of PI Claims
PI claims include those injuries which have been caused:
- in car accidents;
- in truck accidents;
- by the use of defective products;
- in construction accidents;
- by slip and fall accidents on a premises designed for public use, such as a grocery store.
Physical or Mental Injuries and Property Damages
If you have suffered a physical injury such as a traumatic brain injury you should be able to claim the cost of all medical care and treatment expenses until you have fully recovered.
If you can prove you have suffered mental anguish due to the injury you should include this in your PI claim.
As well as the these costs you should claim for any damage to your property such as your car if it was a car accident or any damaged clothes or jewelry you were wearing at the time of the injury.
How Do Personal Injury Claims Work?
Once it is confirmed that a personal injury claim exists, the plaintiff's attorney will file a personal injury complaint in the proper civil court.
The complaint is the first official document in the case, which describes what the plaintiff is alleging which is what the defendant did and how the plaintiff was harmed by the defendant’s action which is considered negligent.
Once the complaint is filed, the plaintiff's attorney will be given about a month to find the defendant and "serve" him or her with the complaint. Accompanying the complaint will be the date the defendant is expected to appear in court.
To win a successful personal injury claim the plaintiff needs to be able to prove that the defendant breached his or her duty by allowing the injury to the plaintiff to take place.
If the defendant accepts the plaintiff’s claim then the two parties may reach a settlement. If the defendant disagrees with the plaintiff then the case may go through the discovery and pre-trial stages where the two parties present their cases with their attorneys.
A settlement may or may not be reached but it could end up in court where a judge makes the final decision.
Get Help with Your Personal Injury Claim
If you provide sufficient evidence proving the at-fault party caused your injury this is often the key to winning a personal injury compensation claim.
However, if you work with an attorney he or she may be able to help you win a successful personal injury compensation claim.