UNDERSTANDING THE BASICS OF PERSONAL INJURY LAW

UNDERSTANDING THE BASICS OF PERSONAL INJURY LAW

If you suffered an injury triggered by someone else through negligence, you have the legal right to seek compensation. When you claim compensation from them, your claim falls under personal injury law. You can settle the case with their insurance company depending on the circumstances of the case, or you can go to court and decide who was at fault and how much they should pay up.

Types of personal injury claims

Personal injury law is vast and covers many areas. common types of personal injury claims include:

  • Road accident personal injury claims.
  • Medical malpractice claims.
  • Slip and fall personal injury claims.
  • Accidents at work claims.
  • Faulty product claims etc.

What is the time limit for a personal injury claim?

In personal injury law, there is something known as the statute of limitations which dictates the time length you have to file a personal injury lawsuit after the date of the accident. The statute of limitations is different from one state to another, and in most cases, you have two years from accident dare to file a lawsuit.

Personal injury lawyers from the Demas law group advise that it is best and easier to make a personal injury claim immediately after the accident. That is because the evidence is easier to gather to develop a solid case. 

Note that some exceptions for the statute of limitations apply in most states but only in rare cases. If you missed the limit for filing a personal injury lawsuit, you should consult a personal injury attorney to know whether you can claim outside the relevant period.

What compensation can you claim?

In personal injury claims, you can go after two types of compensation: general and special damages. General damages are based upon medical proof, including a doctor’s report regarding your injuries. Your rightful compensation depends on how the injuries affected you after the accident and future.

On the other hand, compensation for special damages is meant to put you back in your financial position had you not suffered the accident. Therefore it covers any expenses you incurred, including damage to your belongings, medical appointments, loss of wages, rehabilitation costs, personal care, and any other out-of-pocket costs. The receipts and invoices you have serve as evidence for proving the losses.

What is the average compensation?

In truth, no such thing as average compensation for personal injury claims because every case is unique. Your personal injury lawyer can assess your injuries, medical records, and accident circumstances to determine what your claim is worth. Your payout depends on:

  • The severity of the accident.
  • Its impact on your work and future earning capacity.
  • How the injury impacts your personal life, family life, and leisure.

You can recover more compensation depending on the severity of your case and how much it is worth.

To sum up

Personal injury cases are based on the idea that if someone does you wrong through negligence, they should be held accountable. Therefore the law makes the fault party pay for your injuries and damages resulting from the accident.

Christophe Rude
Christophe Rude
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