If you have been injured because of someone else’s negligence, you may be able to take legal action and receive financial compensation for your damages. Personal injury law allows people to file a claim if they have been injured in an accident, slipped and fell, had medical malpractice, or experienced any other type of injury caused by someone else’s wrongful actions.
Types of Personal Injury Claims
There are two main types of personal injury claims: tort claims and workers’ compensation claims.
A tort is wrong that someone does to another person. There are different types of torts, but the most common one is when someone gets hurt. For example, if you get in a car accident, that would be a tort. You would have to prove that the other person was negligent or did something wrong on purpose in order to file a tort claim.
Workers’ Compensation Claims
Workers’ compensation is insurance that gives benefits to employees who get hurt or sick because of their job. If you are injured or become ill at work, you can file a workers’ compensation claim. Workers’ compensation claims don’t require you to prove that someone else was at fault for your injury.
How to File a Personal Injury Claim
If you have been injured and would like to file a personal injury claim, you will need to do the following:
- Gather evidence of your injury. This can include medical records, photographs of the accident scene, witness statements, etc.
- Contact an attorney. Personal injury claims are complex and require expert legal representation. An attorney can help you file your claim and negotiate for the best possible settlement.
- File a lawsuit. If the other person does not agree to settle with you, you may need to file a lawsuit to pursue damages.
Damages in Personal Injury Cases
Many different types of damages can be awarded in a personal injury case, including:
Medical expenses. This includes costs for medical treatment, surgery, medication, and rehabilitation. Court awards medical expenses based on actual costs incurred and projected future costs.
Lost wages. If you cannot work due to your injury, you may be able to recover lost wages. This includes both past and future earnings resulting from the injury.
Pain and suffering. This type of non-economic damage compensates you for the physical pain and emotional distress caused by your injury. The court will award compensation based on the severity of your injuries.
Property damage. If your property was damaged in the accident, you might be able to recover the cost of repairs or replacement.
Punitive damages. These are damages designed to punish the other person for their wrongful actions. Punitive damages are only awarded in cases where the other person acted with gross negligence or malice.
Filing for Personal Injury Claim
Filing a personal injury claim can be a complex and time-consuming process. Still, it is essential to seek legal representation if you have been injured due to someone else’s negligence. An experienced attorney such as Fran Murphy Law can help you navigate the claims process and fight for the compensation you deserve.