Have you been injured in an accident that was someone else’s fault?
Each year, nearly 400,000 personal injury claims are filed in the United States.
Countless individuals just like yourself have been harmed and are looking to seek the compensation they need to put their lives back together.
The good news?
Understanding the ins and outs of personal injury claims can help ensure you get the settlement you need in order to recover and move on.
In this post we will cover:
- What exactly is a personal injury claim
- The most common types of personal injury cases
- How to successfully navigate the claims process
- What to expect from settlements and timelines
- The importance of legal representation and why it matters
What Is A Personal Injury Claim?
Simply put a personal injury claim is a legal case that you file against another person or party due to their negligence.
When another person or business failed to act in a responsible way and you were hurt as a result, you have the right to seek monetary compensation for your injuries, medical expenses, lost wages, and pain and suffering.
Here’s the thing…
Personal injury law is in place to provide relief to those injured by someone else’s negligence. In other words, if a person is injured due to the carelessness of another, the victim should not have to pay for their own financial losses and hardships.
Common Types Of Personal Injury Cases
There are many different types of personal injury claims that are filed in courts across the country each year.
While some of them are more common than others, understanding all the various ways you can be harmed and seeking relief is key to building a strong case for any given accident.
Motor Vehicle Accidents
Car accidents are the leading cause of personal injury claims. In fact, they are responsible for 52% of all personal injury cases filed throughout the United States.
Whether it be a minor fender bender or a more serious head on collision, if another driver caused the accident due to their negligence or recklessness you deserve compensation.
Slip And Fall Accidents
Property owners have a legal obligation to keep their premises in a reasonably safe condition for visitors.
When they fail to uphold this duty and a visitor is injured as a result, the victim can sue for damages in a premises liability case.
Slip and fall accidents occur more often than you might think and can happen at grocery stores, restaurants, office buildings, and even on private residential property.
Medical Malpractice
Doctors, nurses, and hospitals are trusted with the lives and well-being of their patients. Unfortunately, when these providers make serious mistakes the results can be catastrophic.
Medical malpractice cases are complex and the burden of proof is high. The victim must be able to prove that the provider’s actions fell below the acceptable standard of care.
Workplace Injuries
Getting hurt on the job can turn your life upside down in an instant.
Thankfully, the workers’ compensation system was created to cover the medical costs and lost wages for workplace injuries. But there are circumstances where a personal injury claim may be appropriate as well — specifically if a third party’s negligence was involved.
How Do You File A Personal Injury Claim?
Filing a personal injury claim isn’t as complex as it may sound. There are a few key steps you will need to take to protect your rights and maximize your compensation.
The process is actually quite simple:
First and foremost, seek medical attention immediately. It is crucial to address your health and injuries first and foremost, and your medical records will serve as important evidence in your claim.
Document, document, document. Photograph your injuries, the accident scene, and any property damage. Gather contact information from any witnesses. Keep all medical bills and records of lost wages.
Contact a personal injury attorney in Tampa who is familiar with the local courts and insurance companies. An experienced lawyer can evaluate your case, handle all negotiations, and fight on your behalf for the compensation you deserve.
The best part?
Personal injury lawyers typically work on a contingency fee basis, which means you don’t pay them anything unless they win your case.
What Can You Recover In A Personal Injury Claim?
When you file a personal injury claim, you are seeking compensation for the ways the accident has impacted your life.
This includes:
- Medical expenses, including hospital bills, medication, physical therapy, and future medical care
- Lost wages for time you’ve missed at work while recovering from your injuries
- Pain and suffering, including compensation for both physical pain and emotional distress
- Property damage including the cost to repair or replace any damaged property
- Loss of enjoyment, in the event that your injuries prevent you from doing the things you once loved to do
The value of your claim will depend on many factors such as the severity of your injuries, the strength of the evidence you have, and how well your attorney is able to negotiate on your behalf.
How Long Does The Claims Process Take?
Patience is a virtue when it comes to personal injury claims. The process can be long and drawn out.
Fortunately, most cases never see the inside of a courtroom.
In fact, statistics show that roughly 95% of personal injury cases are settled through a negotiated settlement before the case is ever heard by a judge or jury.
What that means for you and your claim is that it could be settled in a matter of a few months if it is a cut and dry case with clear liability.
However, more complex cases that involve serious injuries, disputed fault, large insurance companies, and multiple parties can take a year or more to reach a resolution.
Timeline will depend on several factors:
- The length of time needed to complete medical treatment
- Whether liability is disputed
- The insurance company’s willingness to negotiate
- The amount of evidence that needs to be gathered
Your attorney will keep you informed every step of the way and will advise you when it is appropriate to accept a settlement offer, and when to push for more.
Why Legal Representation Matters
Don’t make the mistake of trying to go it alone and file a personal injury claim by yourself.
Insurance companies are large corporations with entire teams of lawyers and adjusters that work to pay out as little as possible.
Facing the insurance company without an attorney on your side is the equivalent of going into battle with a wooden spoon for a weapon.
You need an experienced personal injury attorney who knows all the legal tricks that the insurance companies use and won’t be bullied into giving up your claim.
Here’s the kicker…
Statistics and studies have shown that those who hire a lawyer receive significantly higher settlements than those who represent themselves.
The difference more than makes up for any attorney fees.
Don’t Wait To Get Help
Another thing to keep in mind is that personal injury claims have a strict timeline or statute of limitations on when you can file.
In the state of Florida, you have two years from the date of your accident to file a claim, or you lose your right to pursue compensation through a lawsuit. Period.
Because of this, it is important to not delay and to seek legal assistance as soon as possible after your accident.
Evidence can be lost or destroyed. Witnesses forget key details. Medical records can go missing.
Time matters.