Personal injury law cases are helpful when someone is injured due to no fault of their own. The laws apply according to the case type and event that caused the injuries. Negligence, criminal acts, and direct failures are common causes of these injuries. A personal injury attorney helps claimants seek compensation for financial losses through the court. 

What Must the Claimant Prove?

In a personal injury claim, the claimant must prove that their injuries weren’t their own fault. A premises liability claim, for example, starts because a property owner didn’t remove hazards around or inside the property and someone fell and sustained an injury. In this example, the claimant has to prove that there weren’t any warning signs around the hazard and the property owner knew about the hazard and didn’t correct it. Claimants visit for more information about personal injury cases. 

Should the Client Talk to the Defendant?

No, the claimant should not talk to the defendant, their attorney, or their insurance provider. Once the person hires an attorney, all communications should go through the attorney. If not, the party could trick the claimant into agreeing to a settlement that is far lower than is deserved. Once the worker agrees to any settlement, there is no longer a chance to take the case to court and collect compensation. The worker shouldn’t answer any phone calls or letters from the defendant or anyone representing the party.  

What Is Included in the Monetary Award?

The monetary award includes funds to pay for all medical expenses, auto repair costs, and lost wages. Different cases generate varying types of compensation. The case type defines what monetary award the client receives if they win. However, the claimant must prove that the injuries were not their fault, and the injuries meet the requirements as outlined in personal injury laws.  

Could the Claimant Recover Compensation Through An Insurance Claim?

When starting a personal injury claim, there is an opportunity to collect through an insurance provider. An auto accident case presents this option if the at-fault driver has auto coverage, and the attorney negotiates with the insurer to get the money owed to the claimant. In medical malpractice cases, the hospital board offers settlements based on what their insurance coverage offers.   

Could the Claimant Get a Settlement?

Most defendants do not want to go to court with these cases and will present an offer to the victim through the attorney. If the settlement is fair and reasonable, the attorney may recommend accepting the settlement. If the defendant presents a low settlement offer, the case will more than likely go to court. The purpose of negotiations is to get the victim the most appropriate settlement for their injuries and financial losses.  

Personal injury cases help injured parties get monetary awards, including payments for their medical treatment. After an injury, the victim must get a medical assessment to generate records of the injuries. The attorney also needs invoices for medical costs and auto repair estimates if applicable.

The case type defines what evidence must appear in the claim and what type of damages the claimant receives. Medical expenses and lost wages are among the most common losses that are recovered through a personal injury claim. Punitive damages are available through a medical malpractice case. Non-economic damages are available when a victim suffered a life-altering injury. To find out more about personal injury claims, contact an attorney right now!