Personal Injury Claims: When to File a Lawsuit and What Damages You Can Recover

Overview

Personal injury claims refer to legal disputes that arise when a person is injured or harmed due to the negligence, malice, or recklessness of another. These claims seek monetary compensation for damages, such as medical expenses, lost wages, emotional distress, and pain and suffering. However, not all injuries warrant a lawsuit or establish liability for damages. So, when should you file a personal injury lawsuit, and what damages can you recover? This article answers those questions and provides detailed information on personal injury claims and their settlement process.

Types of Personal Injury Claims

Personal injury claims can arise from different situations, including:

Traffic accidents, such as car, motorcycle, and pedestrian accidents

Slip and fall accidents on someone else’s property

Medical malpractice, like misdiagnosis, surgical errors, and medication errors

Dog bites and animal attacks

Defective products, such as faulty machinery or drugs

When to File a Personal Injury Lawsuit?

To file a personal injury lawsuit, you must have legal standing, or the right to sue, based on the following elements:

Duty of care: the defendant owed you a legal duty of care to avoid foreseeable harm

Breach of duty: the defendant breached that duty through negligent or intentional actions

Causation: the defendant’s actions directly caused your injury or harm

Damages: your injury or harm resulted in measurable damages or losses

Moreover, you should consider filing a lawsuit if:

You have exhausted your insurance coverage, and the other party is uninsured or underinsured

You incurred significant damages, such as permanent disability, lost limbs, or disfigurement

You suffered emotional trauma, such as depression, anxiety, and post-traumatic stress disorder (PTSD)

You need to hold the defendant accountable for their actions and send a message to deter future misconduct

What Damages You Can Recover?

The damages, or compensation, you can recover in a personal injury lawsuit depend on various factors, such as:

The severity and extent of your injuries

The impact of the injuries on your daily life, work, and future prospects

The degree of fault or liability of the other party

The insurance coverage, policy limits, and deductibles of both parties

Generally, the damages that can be recovered in a personal injury lawsuit fall into two categories:

Economic damages: these include quantifiable monetary losses, such as medical bills, property damage, lost wages, and future earning capacity. Economic damages aim to compensate you for your out-of-pocket expenses and financial impact.

Non-economic damages: these include intangible losses, such as pain and suffering, emotional trauma, loss of companionship, and loss of enjoyment of life. Non-economic damages aim to compensate you for the psychological, social, and personal toll of the injury.

The Settlement Process

The vast majority of personal injury claims are resolved through settlement negotiations between your attorney and the defendant’s insurance company. Settlements are preferred over trials, as they are faster, less stressful, and more predictable. However, before accepting a settlement offer, you should seek legal advice and evaluate the pros and cons of the deal.

The settlement process involves the following steps:

Initial demand: your attorney sends a demand letter to the insurance company, outlining your injury, damages, and demand for compensation

Investigation: the insurance company investigates your claim, reviews your medical records, and assesses your liability and their policy limits

Offer and negotiation: the insurance company makes a settlement offer, and you and your attorney counteroffer until an agreement is reached

Release and payment: once a settlement is reached, you sign a release that waives your right to sue, and the insurance company issues payment of the agreed compensation

If a settlement cannot be reached, your attorney may file a lawsuit and initiate the litigation process.

Conclusion

Personal injury claims can be complex and challenging, requiring competent legal representation and thorough understanding of the law. By knowing when to file a lawsuit and what damages you can recover, you can make informed decisions and maximize your chances of obtaining fair compensation for your injuries. Access this carefully selected external resource to deepen your knowledge of the subject. In it, you’ll find valuable information and additional details to enrich your reading experience. Rechtsanwalt Strafrecht Wels, make sure not to skip it!

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