What is a Personal Injury Claim?
A personal injury claim is a legal action against another party that is responsible for your injuries. This is the first step in a personal injury lawsuit that seeks to help you with the financial damages that resulted from an injury, including lost wages and medical expenses.
Personal injury claims are submitted to the court to seek a financial judgement in favor of the injured party. The goal is to receive monetary compensation for physical and emotional injuries, as well as any other damages that can be proved in court.
It’s important to have an Idaho Falls personal injury attorney on your side who can file a personal injury claim effectively. Some things that need to be included in your claim are:
- The date and place of the injury;
- Description of the injury;
- Proof of loss, such as medical bills and lost wages;
- Names of any witnesses to the accident.
In order to be successful with a personal injury claim, you must prove that the other party is responsible for your injuries. This is done by providing evidence that shows the defendant was negligent in their actions.
Negligence can be demonstrated in many ways, such as by breaking traffic laws, being careless with dangerous substances, or failing to provide a safe working environment. This is an essential part of your claim, so keep in mind that you’ll have to prove the person was negligent, but it’s important not to overstate or understate your injuries or what happened. Remember that juries are made up of people who are “average” in every way imaginable—they may be able to relate to your situation better than you think. Do NOT make baseless claims about how this incident has changed your life forever; instead let the evidence speak for itself! You can see why hiring a personal injury attorney is crucial here—one wrong move could nullify any possible settlement!
An attorney will help you gather this evidence and present it in a way that is most advantageous to your case. They will also negotiate with the opposing party and their attorneys.
What Qualifies as a Personal Injury?
Any type of bodily harm or damage sustained by an individual can be called “personal injury”, but there are certain types of cases that qualify more specifically. These include:
- Car accidents,
- Slip-and-fall injuries,
- Product defects,
- Workplace accidents,
- Wrongful death (a claim that a person should be held responsible for a death),
- Dog bites,
- Construction accidents,
- Sexual assault,
- and many others.
While not always physical in nature, emotional trauma can also be considered a personal injury if it results from other types of incidents mentioned here (such as rape, assault, or deliberate infliction of emotional trauma).
While proving physical injury due to negligence or deliberate assault is much easier than proving mental-emotional trauma, it is still very possible. Some of the ways you and your attorney can go about proving these types of injuries include official diagnosis from a licensed therapist, medical records, and witness testimony.
What To Do After You’ve Suffered a Personal Injury
If you’ve been injured, the most important thing to do is seek medical attention.
Once you have been treated and released by a doctor, you should then start gathering evidence related to your injury. This includes taking pictures of the scene of the accident (or where the injury occurred), as well as photos of your injuries themselves. If you can, collect contact information for any witnesses to the incident, and if possible obtain copies of any police reports or other documentation related to the event.
Once you have this information collected, you should then reach out to an attorney to begin the personal injury claim process. A good personal injury lawyer will be able to file a claim on your behalf, represent you in court if necessary, and help you get the most financial and legal compensation you deserve.
What To Discuss With Your Personal Injury Attorney
When you first meet with your personal injury lawyer, there are a few things you’ll need to discuss.
First, it’s important to provide as much detail as possible about the accident or incident that caused your injuries. This includes the date and location of the accident, as well as photos of the injuries themselves. Share any contact information and police reports of the incident if you have them.
You’ll also need to discuss your medical history. Be sure to let your lawyer know about any prior injuries you’ve suffered, as well as any treatments or surgeries you’ve undergone in the past. This information will help them better understand the severity of your current injuries.
Finally, be open and honest about the financial effects the accident has had on your life. Have you had to miss work due to your injuries? Has your injury required expensive medical treatments or procedures? Has your quality of life diminished as a result of the accident? These are all important questions for your attorney to consider when filing a personal injury claim.
Why Hiring a Personal Injury Lawyer is Your Best Course of Action
PI attorneys have years of experience dealing with insurance companies, courts, and personal injury law in general. They know how to negotiate a fair settlement for your personal injury case and will fight for your rights in court if necessary.
In personal injury law, as with most legal fields, trying to get the compensation and justice you deserve by yourself is typically a losing strategy. Most people are not qualified, nor have the experience, to effectively navigate the court system, negotiate with an insurance company, or even to file a claim correctly.
PI attorneys are there to help you through every step of the process, from filing your claim to out-of-court settlement or representing you during a trial if it comes to that. They will work to get you the most financial compensation possible for your physical and mental-emotional injuries.
What Personal Injury Attorneys Do
PI attorneys specialize in three key areas: negotiating settlements that include compensation for medical treatment, lost wages, and other related costs; representing injured people before the court system if insurance companies fail to reach an agreement with you; and helping victims who are not likely to recover fully from their injuries.
If you have been injured in an accident, whether it was a car crash, slip and fall, or some other type of incident, you may be wondering if you have a valid legal claim. To qualify as a personal injury victim in the eyes of the law, your injuries must have occurred as the result of someone else’s negligence or deliberate actions. In other words, you must be able to prove that the other person’s actions (or inaction) caused your injuries.
Our attorneys at MZJ have decades of combined experience working on personal injury cases and can help you throughout the entire personal injury claims process, from legal advice and filing of your claim to advocating for you in court. We keep all sensitive or confidential information private and stay firm on attorney-client privilege. Fill out the form below or call our law firm at (208) 528-4188 for a free consultation.