The last thing anyone wants is to be injured. Being injured so badly that you now need extra care, specialist rehabilitation, or may even be unable to work is unthinkable, and yet, it’s the reality for so many Americans following an accident that just wasn’t their fault.
That’s where personal injury claims come into play. Personal injury claims allow injured individuals the chance to seek compensation when another person may be legally responsible for their injuries. Upon seeking advise from a lawyer, a claim may be resolved through an insurance settlement or, if necessary, litigation. Speaking with a lawyer is always recommended if you need advice on how you may cover medical costs, lost income, and even pain and suffering, but that doesn’t mean you can’t make yourself familiar with what a claim entails and how to proceed.
When Can You File a Personal Injury Claim?
You, or, more accurately, your lawyer, may file a personal injury claim after a wide number of accidents. You might want to seek damages after a car accident, a farming accident, a slip and fall on public, private, or commercial land, medical negligence, injury from a defective product, and more. In some cases, like workplace injuries, you’ll instead want to go through workers’ compensation.
In a typical negligence claim, the injured individual generally needs to establish that the other party had a responsibility to act with reasonable care, failed to do so, and caused injuries as a result. The requirements can vary depending on the type of claim and applicable state laws in your state, so do bear this in mind.
The Lawyer Matters
When choosing a lawyer to represent your personal injury claim, make sure of two things. First, look for a personal injury lawyer, and second, check whether the attorney practices in your state and handles the type of claim involved. With the internet, it’s too easy to find a lawyer who sounds right for you but is based in a different state and therefore familiar with a different set of laws. If you are based in or near Wisconsin, you’ll want to contact a personal injury lawyer in Eau Claire, WI, for example.
What Your Personal Injury Claim Can Ask For
Compensation figures cannot come out of thin air. It must account for your damages and losses. Depending on the specific circumstances, damages may include economic losses, such as medical expenses and lost income. Your lawyer may also investigate noneconomic damages, such as pain, suffering, and loss of enjoyment of life. Each is decided on a case-by-case basis and is governed by law.
How You Can Fund Your Personal Injury Claim
Personal injury attorneys may offer different fee arrangements, but many personal injury cases are built on a contingency-fee basis. What this means is that their fee is based on an agreed-upon percentage of what compensation you win. For this reason, always review the fee arrangement, looking into litigation costs and other expenses. You don’t want to be taken by surprise when you discover it’s your responsibility for any costs.
Know You Are On the Clock
You don’t need to put together a personal injury claim while you’re still in the hospital, but you do need to file your claim within a certain period of time. The exact timeline depends on which state you’re in. In Wisconsin, for example, many personal injury claims generally need to be filed within three years, but different deadlines and expectations can always apply depending on the exact circumstances. Of course, if you wait too long, your claim may become invalid, so be aware of timelines. It should be said that claims involving government bodies, officers, or employees may also have shorter notice periods. Wisconsin law can require a person to notify them of a claim or injury within 120 days.
The Claims Process
The claims process also matters. After an accident, it may be appropriate that you seek medical care, particularly if you have been injured and even if you think that injury is minor. For one, what may seem like a minor injury could be more serious than you think. Second, an official medical record may provide important evidence relevant to your claim later regarding the nature and extend of your injury, confirmed by medical professionals.
· Gathering Evidence
Once you’re discharged, start collecting evidence. You’ll want the:
- Police report
- Photos
- Medical bills
- Witness statements
You don’t need to collect all of this yourself before speaking to a lawyer. Once you get in touch with a legal representative, they can review what you have and explain what further documentation may be relevant to your specific case. If they believe you have a case, they may help you collect further evidence.
· Negotiation
In most cases, your lawyer might negotiate your personal injury claim with the insurance company, rather than directly with the person or business themselves. The general process includes negotiating a fair settlement out of court, which is faster and simpler. If the case does not settle, it may proceed to a trial, where a judge or jury will consider the evidence and determine both liability and whether there are damages.
· The Lawsuit
If you do decide to take the matter to court, the process may go as follows:
- Your attorney files a formal legal document in court that details the faults and damages that you are seeking.
- The defendant receives formal notice and has a set period of time to file a written response.
- This opens discovery, where both sides exchange evidence and conduct sworn depositions.
- Before you go to court itself, mediation may occur, where you once again try to settle fairly out of court.
- If the case does not settle, it may proceed to a trial with a judge or jury, depending on the case, and they will hear the evidence and issue the final verdict.
· Note: There May be “Shared Fault”
Most states operate under what’s known as shared fault, which means you may be found culpable in your own accident. In Wisconsin, there’s a 51% modified comparative negligence rule, which means you can receive compensation so long as you were found 50% or less at fault for the accident. Your lawyer will help you understand shared fault, how being partly at fault could affect your claim, and what that means for you and your claim.
Needless to say, navigating this isn’t simple. Personal injury laws and deadlines do vary state by state, even by the circumstances of each case. Therefore, this article is here to provide general information and shouldn’t be viewed as a substitute for legal advice.
