How to File a Personal Injury Claim: A Simple Guide to Filing
The CDC reports that there were 39.5 million cases of injury or poisoning in the US in 2017.
Obviously, many of these will have been the fault of the injured person, or a freak accident of some kind. However, many others would have been the fault of some third party.
If you have suffered an injury due to the unlawful action or negligence of another party, you might be wondering how to go about getting financial compensation.
Read on as we look at how to file a personal injury claim.
What Is a Personal Injury Claim?
If someone else has deliberately or negligently caused you harm, you can secure compensation from them through a personal injury claim. This includes injuries suffered on someone’s premises.
There are many different situations that might give rise to a personal injury claim. Some of the most common include:
- Road accidents
- Slip and fall incidents
- Accidents at work
Almost any action by a third party that causes you harm may, in theory, form the basis of a personal injury claim.
How to File a Personal Injury Claim
The first thing to do when an incident occurs is to inform the police. Fill out a detailed written report of the event and the harm you suffered. This will stand to you in later proceedings.
The first step when filing a personal injury claim is to inform both the court and the defendant of your intention to sue. The defendant will be the person who injured you.
There are certain documents to be submitted to the court before you can proceed with a claim. The most important of these will be a form known as a complaint or petition and will contain the facts of your case and the legal basis for your claim.
Things to Watch out For
Personal injury claims can be tricky, especially if they go to court. Even if the facts of your case seem obvious, there are many legal devices that your opponents in the case could try to use to escape liability.
One common defense that arises relates to causation. Many defendants will try to argue that conditions you developed from the accident (such as PTSD), were pre-existing. This will reduce your entitlement to compensation if it is successful.
The best way to manage the problems that arise in the course of a personal injury claim is to hire a competent lawyer. The practitioner you choose to hire should ideally have plenty of personal injury experience, along with a track record of securing good results for clients.
Johnson, Vorhees & Martucci are one of the best firms in the game when it comes to personal injury cases.
Getting the Justice You Deserve
If you’ve suffered an injury, litigation might be the last thing on your mind. The stress of such an event can be considerable by itself, and you might wish to focus on your recovery.
However, to ensure that you can afford to get the care you need, a personal injury claim is the way to go.
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