Winning Your Personal Injury Claim 101
Legal Article GuideBy: Natalie Aranda
Personal Injury Claim
A personal injury claim involves an injured person seeking compensation for his/her physical suffering, emotional pain, permanent disability, or other injury from responsible individuals or institutions. The legal grounds for personal injury claims are three elements of tort to establish liability: negligence, strict liability, and intentional wrong.
If your injury is caused by the negligence of the defendant who failed to prevent it to happen, you have the legal ground to file your personal injury case as a tort of negligence. Strict liability is generally related to product liability - injury caused by the use of defective products. If the cause of your injury is the result of international behaviors from individuals or institutions, you may pursue both a civil personal injury lawsuit and file criminal charges.
An individual may have a personal injury case if 1) the person charged is truly responsible for the injury and 2) that the damages claimed truly reflect the extent of the loss.
Personal Injury Lawyers
For a minor car accident, it is common to directly settle the claim with the insurance company thus to avoid the expensive legal cost as insurance companies have standards to estimate the loss of physical items. If your claim, however, involves significant personal injury, you should definitely consult a personal injury attorney. Hiring a lawyers doesn't mean that you will go to court and get a trial. It sends a clear message to the insurance companies that you are serious and you are intended to build a strong case. The involvement of a personal injury lawyer increases your negotiation power and it's the best interests of insurance companies to avoid a costly lawsuit. In fact, the percentage of legal battles going to trial is very small for any kinds of lawsuits. Personal injury lawyers are equipped with expertise and experience to advise you the best path to settle the claim, to help you collect evidence, to build a strong case, to file the necessary paperwork, and to fight for you so that your claim will be settled in the best of your interests. There's no double, insurance companies want to settle claims as quickly and cheaply as possible. Lack of legal representation or expertise will quickly put you in a unfavorable position.
Independent Medical Examinations
One of most important parts in preparing your personal injury claim is the support of medical records from the Independent Medical Examinations (IMEs) to establish the case. Independent Medical Evaluations (IMEs) form the foundation for disposition of claim. IME services usually provide a comprehensive medical examination and full review of all available medical records and diagnostic studies to support the lawyer's argument and claim.
Natalie Aranda is a freelance writer. She write about travel, business and family. It's her experience that one of most important parts in preparing your personal injury claim is the support of medical records from the Independent Medical Examinations (IMEs) to establish the case.
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