Having been injured in an accident can drastically alter your life. The recovery period is often grueling and overwhelming for victims, from lost wages to mounting medical bills. However, a personal injury claim can compensate for much of the suffering. Unlike the general consensus, pursuing a personal injury claim does not necessarily guarantee you easy money.
What it does offer is a just and fair opportunity to claim compensation for injuries caused by another person's negligence. Similarly, several other stigmas and myths around personal injury claims exist. This article outlines unknown facts and debunks myths about injury cases.
Not All Injuries Are Actionable:
Not all injuries sustained in an accident are viable for an actionable claim. There must be legal grounds to hold the defendant accountable to be eligible for compensation. The most common legal theory used to seek compensation is negligence. The plaintiff has a burden of proof for establishing the defendant’s negligence through a series of evidence and proof. To prove negligence, the plaintiff has to:
- Establish the defendant owed a duty of care to the plaintiff
- Prove the defendant breached their duty of care
- Demonstrate how the breach of duty caused the plaintiff's injuries
If the plaintiff fails to adequately demonstrate and establish negligence, they will not be eligible for compensation.
Most Cases Don’t Go To Trial:
A major misconception that prevents people from filing a claim is the belief that they’d have to represent themselves in court. However, only about 4-5% of personal injury claims go to trial. Most cases are settled outside the court through discussions, meetings, or mediation.
Since outside settlement can significantly save money, defendants will likely offer settlement offers to prevent going to trial. Only those cases go to trial where involved parties may fail to reach a mutual agreement over the settlement amount.
Injuries And Compensation:
Personal injury is an umbrella term used to describe certain cases. This does not mean all cases filed under this category are identical. Instead, personal injury claims are commonly categorized into different types, including:
- Motor Vehicle Claims
- Medical Malpractice
- Premise Liability
- Product Liability
- Workplace Accidents
The compensation you receive is directly dependent on the severity of your injuries and the type of personal injury cases. In certain circumstances, one accident may even lead to several lawsuits. For instance, incurring injuries due to faulty medical devices can, in certain cases, make you entitled to both medical malpractice and product liability.
Claim Can Be Filed When Partially At Fault:
In most accident cases, it is unlikely for just one party to be fully responsible for damages. While the degree of liability may differ, it is common for both parties to be partially at fault. Many victims choose not to file a claim due to their shared responsibility in an accident. However, it is essential to note that several states follow a comparative negligence model to personal injury claims.
This means victims who may be partially at fault for an accident can file a claim against the defendant. However, having an experienced lawyer by your side is extremely important in comparative negligence cases. If you or a loved one is planning to pursue a similar claim, get in touch with a personal injury attorney in San Francisco or near your area for expert guidance.
Personal injury claims have long been associated with grueling proceedings and their inherently complicated nature, not to mention the role of insurance providers that can adversely impact your compensation. This is why it is integral to work with an experienced lawyer when it comes to personal injury cases. After all, your success and compensation ultimately depend on how well you can represent the facts and bring them together.
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