What You Should Know About Personal Injury Claims
There are times when people get involved in accidents caused by the negligence of another person or a company. Those involved in such a situation, if wounded in any way, can pursue it legally and seek compensation for the harm caused. The harm is usually referred to as ‘pain and suffering’, and it is divided into two:
- Physical harm
- Mental harm
Physical harm refers to the injuries sustained on the body, both internally and externally, as confirmed by a medical practitioner. While mental harm refers to the emotional trauma, anxiety, fear, anger, and other forms of harm the affected suffers in their mind.
What Is a Personal Injury Claim?
A personal injury claim is a legal case you can open against anyone who was responsible for the injuries you sustained from an accident that they caused. Even if it wasn’t you who was directly affected, you can file a personal injury claim on behalf of a loved one. But before you do that, here are some things you should know.
Lawsuits arising from an accident or injury have a time limit within which they can be filed. In legal terms, this is called a statute of limitations. And if the statute of limitations expires, the injured person will be barred from exercising their right to sue. For personal injury cases where negligence is the claim, the statute of limitations lasts for three years. The time period begins from the moment when the plaintiff got injured, or when they discovered their injury. If court proceedings are not issued within three years, then the plaintiff would lose their chance to claim compensation for the harm they’ve sustained. But if the plaintiff files the case, there is no time limit on when to present the case. So, it’s best practice to file as soon as possible.
Having solid evidence is the easiest way to win a lawsuit. So once an accident happens, it’s best you begin to take notes. Jot down all the details that would strengthen your case:
- Location of accident
- Intended destination at the time of the accident
- Time of day
- What you were doing at the time it happened
Also, in the days following the event, begin to note down the things the accident or sustained injuries deprived you of. Things like: comfort, sleep, work hours, etc. If the case is won, the person who caused the accident (or their insurance company) would be responsible for your medical bills, pain and suffering, and other expenses incurred during this period.
Paying for Legal Action
Legal costs can be expensive to foot, especially if an insurance policy doesn’t cover one for you. Nonetheless, the best injury attorney offers a conditional fee agreement that benefits the plaintiff. A conditional fee agreement states that the law firm will charge no fees if the case is lost. So, a lack of funding to pursue legal actions shouldn’t be a reason to deny yourself your deserved compensation.
Everyone who has sustained injuries due to the negligence of another person deserves to be compensated for the inconveniences caused.