Simple Personal Injury Claim and Compensation Guide
If you have been injured as a result of someone else’s negligence or carelessness, then you may be entitled to compensation through a personal injury lawsuit.
Most people find that it’s best to consult with an experienced personal injury attorney for a case evaluation, because every case is different.
Personal Injury Claim Elements
You may have a personal injury claim if:
- You have been injured
- Someone else caused the injury (or significantly contributed to it)
- The act was intentional or accidental
Detailed elements will depend on the type of claim that you want to file. For example, in a car accident, you will need to show that the other driver was not driving in a safe manner, violating his or her duty to drive safely on the roads. If you choose to work with a personal injury attorney, he or she will delve into the details of your case to create a strategy that gets you the best possible outcome.
Personal Injury Claims versus Personal Injury Lawsuits
A personal injury claim is not the same thing as a personal injury lawsuit. In a claim, you might be able to negotiate a settlement with the at-fault party’s insurance company. If you bring a lawsuit, you are actually going to court because you could not reach a settlement at the claim stage. Although these concepts are very similar, they are technically distinct parts of the legal process in personal injury cases.
The Personal Injury Process
The claim process starts by reporting the damage or injury to the insurance company. Because New York is a no-fault state, you will likely report a car accident to your own car insurance company first. However, in most cases, your attorney will also contact the at-fault driver’s insurance company to make a claim.
Other types of cases, such as slips and falls or dog bites, work in the same way.
Don’t attempt to speak to an insurance company’s representatives without consulting an attorney first. Insurance adjusters are trained to save their company money, not to help you.
The insurance company will initiate an investigation into the accident and the injuries that you have sustained. An experienced attorney can help you gather and present the evidence required to show your damages and injuries.
The claims adjuster for the insurance company will then offer you a settlement or decline to offer you a settlement based on the information that he or she gathered during the investigation. You’ll have the choice to accept the offer, but it’s important that you rely on your attorney’s advice at this point. In many cases, the first settlement offer is lower than what you may be entitled to receive.
If you, your attorney and the insurance adjuster cannot agree, you have the option of bringing the insurance company to court. However, most personal injury cases can be settled without ever setting foot in a courtroom.
Settling out of court is usually beneficial to all of the parties.
Types of Personal Injury Cases
Personal injury cases revolving around car accidents are some of the most common, but other types of include:
- Work injuries
- Slip and fall accidents
- Medical malpractice
- Bicycle accidents
- Pedestrian accidents
- Dog bite cases
- Accidents involving childcare
- Motorcycle accidents
Compensation in Personal Injury Claims and Lawsuits
One of the main reasons that our clients file personal injury claims is because their medical bills following the accident have gotten out of control. Even one emergency room visit can be very expensive. Personal injury claims and lawsuits can both cover medical expenses, but they can also cover a variety of other expenses, including:
- Damages related to time away from work
- Lost wages if the injury prevents the victim from going back to work temporarily or permanently
- Pain and suffering (current and future)
- Death benefits (lost wages, loss of a loved one)
- Loss of enjoyment of life
- Mental pain and anguish
- Future medical expenses
You must provide specific reasons and rationale about why you are entitled any type of compensation after an accident. Collecting evidence is very important to show damages at both the claims level and the lawsuit stage. An experienced NY lawyer can help you collect the evidence that you need to make a compelling case.