What is a personal injury claim?
A personal injury claim (also known as a tort action) is an action in which you assert your right to be compensated for damages sustained caused by another party(ies’) negligence.
The claim is made against the negligent party(ies’) insurance company and/or your own insurance company. Sometimes legal action must be taken following a personal injury. This requires the filing of a law suit against the negligent party (ies’) insurance company and/or your own insurance company to compensate your for damages as a result of your injuries.
Not all personal injury claims require that a law suit be filed. Many times personal injury lawsuits never go to jury trial; but if they do, it is important to have an attorney fighting for your rights and is experienced in taking cases to trial.
The goal of a personal injury claim is to ensure that you are compensated fairly for your injuries sustained due to the negligence of others.
A personal injury claim can be a lengthy and complex process and usually requires the expertise and knowledge of a personal injury attorney. It is critical to a personal injury claim that information from police officers, fire and rescue personnel, etc. be gathered as soon as possible. Photographs depicting damage or bruises, scars, etc. should be taken as soon as possible. Following a personal injury medical professionals will treat and evaluate your injuries. It is important for you to follow your medical professionals recommendations and orders for treatment.
Personal injury claims can very greatly in the particulars of the claims and injuries sustained. Personal injury claims can take anywhere from one year to two years or longer to be resolved, depending on the injuries involved and claims being made. Outcomes of personal injury claims can also vary. It is important to remember that each claim is unique depending on the facts and particulars involved.
If you have sustained a personal injury and would like to know more about your rights or if you need help in obtaining fair compensation for your injuries, contact us and we will be happy to talk with you about your claim.
What you should do after a Motor Vehicle Collision
If you or someone you know is in a motor vehicle collision, here are some important things to remember:
- Do not leave the scene of the collision or move your vehicle from its point of rest.
Moving your vehicle may make it difficult for the police to determine how the collision may have occurred and may jeopardize your rights. - Call 911
If you have access to a cell phone, call the police for assistance. - Collect Information
Collect information about the collision at the scene or as soon after as is practical. Include the name(s), address(es), telephone number(s), insurance information, vehicle make(s) and model(s) and license plate number(s) of the party(ies) involved. Also obtain the name(s), address(es) and phone number(s) of any passenger(s) of the vehicle(s) involved and witnesses to the collision. - Obtain medical treatment if you feel you may be injured
A lot of times, the shock after a collision mask your pain and injuries. See a medical professional as soon as possible, following your collision, for a thorough medical examination. - Inform your insurance company
Contact your insurance agent as soon as possible and provide them with the information concerning your collision. - Do not discuss the collision
Do not discuss the collision with insurance company(ies) or lawyers representing others involved in the collision. Refer these inquires to your insurance company or your attorney.
Statute of Limitations
Deadlines for filing lawsuits are established by statute for most personal injury claims. Statute of limitations can be short depending on the type of case you have. If these deadlines are not met, your claim could be barred and you may not be able to recover for your damages. Please contact us concerning your claim to ensure that your rights are preserved.