subject: Injury Claim And How To Verify You Have A Claim [print this page] Injury Claim And How To Verify You Have A Claim
Personal injury is an injury that you may sustain in an accident through no fault of your own. A common example of how a personal injury is caused is the automobile accident. Someone is always at fault and the victim is almost always injured in some way. Being injured through no fault of your own could be grounds for you to file a personal injury claim.
There is one question, however, and it is whether or not you have a valid injury claim. Visiting an attorney can help determine this because the attorney evaluates evidence, in addition to your own statement, to determine if there is a case. Because many attorneys do not require payment up front for their services but rely on you winning a settlement so that they get paid, they must ensure that a win in the case is possible.
The injury claim will also be placed in one of two categories. The first is tort law an the second is the civil claim. Tort law is most likely what you will be dealing with first because it is divided into two elements: liability and damages.
The first thing an attorney will evaluate is whether or not the claim falls within the statute of limitations. The statute of limitations may vary based on the type of case. For instance, a car accident case may have a different statute of limitations than a defective product claim. This is because of how evidence deteriorates over time. The amount of time to file a claim depends on the laws within each individual state.
The second thing the lawyer will look at is your statement regarding the accident events. He or she will then ask you if you have any evidence to back up your injury claim. If you do, you can present that evidence. If you do not, then you can provide your attorney with ways to obtain it. If you do not know how to obtain the evidence, your attorney has ways in which he or she can.
If it is found you possibly have an injury claim, your lawyer will then pursue the process of gathering evidence. This can include recreating an accident scene, evaluating the scene, obtaining the police report, and even using experts such as medical experts to build the case. This process, however, can determine that there may not be a case. If enough evidence is gathered, then the process can move forward.
At this point, it is time for the negotiated settlement. This is the best method to obtaining compensation for damages quickly because an agreement is met between both parties. If an agreement is not met, then the case will go to a jury trial. This process can take a long period of time. The defendant can file a number of appeals to either lower the liability or hope that a jury will see things their way in an injury claim case.
So if you feel you have an injury claim because you were injured due to the negligence of someone else, consult with a lawyer. Initial consultations are almost always free, so there is nothing to lose.
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