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What Is a Personal Injury Claim?
A personal injury claim is a legal lawsuit you can file if you have been involved in injuries as a result of an accident due to someone’s fault or carelessness. A plaintiff usually files for physical or mental injuries or both. You will need to register for formal compensation against the defendant that is responsible for the accident.
The insurance company of the other party gets accountable for paying the victim. If you do not win the lawsuit, you get a no win no fee agreement, which means that you have nothing to lose and no upfront payment to make. If you win the case, you get an award for the damages of personal injury. A personal injury claim should happen not more than three years from the time of the accident.
What are the Kinds of Injuries Involving a Personal Injury Claim?
Personal injury has a broad range of various kinds of injuries. The two main categories are mental health, which includes emotional suffering and anguish as a result of the accident. Physical injuries can be both internal and external, which causes broken limbs and other injured body organs.
Although some injuries take time to show up, the plaintiff will still need to claim a legal lawsuit against the defendant. Below are the kinds of injuries that one can file for compensation.
Road Traffic Accidents (RTA) - If you got injured from a road traffic accident as a result of negligence from the other part, you need a claim for compensation. This type of accident can affect a pedestrian, cyclist, passenger, motorist or a driver, and all injuries suffered are covered by the other party.
Work-Related Accidents - An employee has every right to have a suitable and safe work environment from the employer. The company is also responsible for training the employees and providing the necessary personal protection equipment in the course of duty. Your personal injury attorney Los Angeles could help you file for personal injury claims against your employer if you suffered harm at the workplace.
Fatal Injuries - If you have a loved one involved in a deadly accident, you might need legal help from a Personal Injury Attorney to handle the case on your behalf effectively. It is essential to take crucial steps and ensure your loved one gets compensated for the smooth provision of their needs.
Slips, trips and falls - Slips and falls are not all about small cuts and minor injuries. They contribute to a large portion of personal injuries claims that Los Angeles personal injury lawyers use against the defendant. Such accidents can result in severe cases like broken bones, brain trauma, head or spinal injuries. You will need to file for a claim against the owner of the premises.
Medical negligence - You can file for a personal injury claim due to medical malpractice which includes misdiagnosis, errors during surgery, wrong medical prescription. Such incidences are risky and could expose you to pain and suffering.
What is Intentional and Unintentional or Personal Injury?
A personal injury occurs on two bases: Intentional and unintentional. The intentional is when the defendant deliberately injures you or intends to commit an act that will harm you.
Intentional acts- The law applies to a person who deliberately causes injuries to another. For instance, you can file a lawsuit against assault, intentional torts and battery. Others include careless driving that results in accidents or defamatory statements that can affect someone’s reputation.
Unintentional acts- The injury becomes intentional when the defendant is found liable without any intention to cause harm. For instance, liability claims that arise from certain products or services.
Where do I Start From in the Personal Injury Case?
If you have proof to file a personal injury claim, and grounds for compensation, you will need to contact a friendly personal injury attorney Los Angeles who has adequate and in-depth personal injury legal knowledge.
The attorney will listen to you carefully and let you know if you could be eligible to file for injury and take you through the legal process if you have enough grounds to qualify. It is after your agreement with your lawyer that the lawyer will start getting more evidence to build your case.
What are the Elements of a Personal Injury Claim?
Duty of Care
To be successful in your injury claim, you must have adequate information to hold the case and show what kind of pain and suffering you incurred from the accident. It would be best if you gave evidence that the defendant did not provide you with the duty of care as required.
For instance, if you admitted an elderly in a Nursing home, and they did not get the right attention from the staff, you will need to show that the plaintiff failed to get the required care. Various questions will need the help of our Los Angeles personal injury lawyer to get useful answers to all the questions. Your lawyer will need to show if the harm caused by the actions of the defendant could be predictable by someone else in the same circumstances.
Breach of Duty
The defendant should offer the required duties to the plaintiff. In case there is a breach of duty care, your personal injury lawyer Los Angeles can help you to file for personal injury claims. In simple terms, it means that the person did not live up to their duties as expected. For instance, due to the leaking floor at a particular grocery shop that you visited, you fall and get injured.
The place has been leaking for a few weeks but is yet to get repaired. You can decide to sue the owner of the grocery due to injuries incurred because they acted on negligence and failed to fix the leaks.
What type of Awards do you get from a Personal Injury Claim?
Once the plaintiff has enough grounds to prove that the defendant is liable for the damages, they get awarded for the injuries. The two types of accidents recognized by the law are general and specific damages. General damages include physical and mental harm.
Such claims are not easy to recover and need the testimony of a doctor of a psychiatrist. In most cases, a personal injury lawyer Los Angeles will guide you through the process to ensure you get the necessary compensation. Special damages include wages and medical expenses.
Why do You Need Legal Services from a Personal Injury Attorney?
A personal injury claim can be a daunting process, especially if you do not know the legal procedures involved. It would be best to get the help of an experienced personal injury lawyer Los Angeles to go over your rights and options and act as a mediator between you and the court.