Personal injury is an area of the law that deals with responsibility for damages when victims are injured by other parties’ negligence. There are various types of injuries and accidents that might give rise to a personal injury claim or lawsuit, from dog bites and acts of violence to defective products and car accidents. In order to pursue a claim or lawsuit to secure a settlement for your injuries, there are certain elements that need to be present and you will need to have adequate proof to support your case.
Does my injury qualify to file a personal injury case?
Not all injuries merit a claim or lawsuit. If you were injured through your own fault, you will have to pay for your losses using your own insurance or resources. However, if another party (defendant) caused or heavily contributed to your injuries, then you might be able to seek compensation from them. In order to qualify to file an injury claim, you will need to prove the following:
- The defendant must have breached the duty of care. In other words, he or she must have acted negligently or carelessly. Examples of negligence include a surgeon who operates on the wrong patient or a motorist who drives while intoxicated and runs a red light.
- Your injuries were caused by the defendant’s negligence. You must be able to establish a link between the defendant’s actions and your injuries. For instance, you will need to prove the motorist was intoxicated at the time of the accident and ran the red light, striking your car and causing your injuries.
- You must have suffered damages as a result of the negligence. Damages include both economic and non-economic, such as pain and suffering and mental distress.
What types of personal injury cases does Becker Goodey accept?
Our legal team at Becker Goodey handles most types of personal injury cases. Four of the most common types of cases with which we help client include:
- Car accidents
- Medical malpractice
- Slip and fall accidents
- Traumatic brain injury
How do I begin the process of filing a personal injury claim?
Get Legal Help
The first step to seeking recovery for a personal injury is to have a lawyer review your case and determine liability. You should speak to a lawyer before providing a statement to any insurance adjusters and before taking official legal action.
If your injuries are substantial, you do not want to risk handling a claim or litigation on your own because there are dozens of laws, rules, and procedures you will need to be familiar with – and failure to adhere to them could thwart your rights to a settlement. Also, an attorney will know how to maximize your damages and handle any legal hiccups along the way.
Collect Evidence & File the Claim
If your case meets all of the filing requirements, your lawyer can then help you collect the necessary evidence and file the claim with the appropriate insurance agency. The insurer will review your demand for payment, and either offer you a settlement or deny your claim. During this phase of the process, your lawyer can negotiate with the insurer and try to reach a fair compromise on a settlement.
File a Lawsuit & Go to Court
If your case is disputed or the insurer fails to offer you an adequate settlement, you can take the issue to civil court to have the judge hear your case. Should you successfully prove your case to the judge, he or she can mandate that the responsible party pay you to compensate you for your economic and non-economic losses.