The Basics of a Personal Injury Claim

The Basics of a Personal Injury Claim

What is a personal injury?

A personal injury refers to bodily harm and emotional trauma that is the result of an accident. A personal injury claim can be made in court for a legal remedy for losses sustained and which can go a long way in helping the victims survive. This is also known as a tort claim in legal circles which involves damages and liability. The latter determines who is to be held responsible for the personal injury and the former refer to the sum of money that the victim can claim to compensate for the loss or injuries sustained.

Most personal injuries include those that are sustained during car accidents, when the victim is on another person’s property, animal attacks, defamation claims, work place accidents (industrial and corporate) caused by defective equipment or lack of safety in general. Those who manage to win their cases by proving their claim in a court of law they are awarded damages by the one responsible for their injuries. However, some claims such as those pertaining to medical malpractice can also be settled out of court for an undisclosed sum.

What is a formal lawsuit?

Not to be confused with criminal cases, which are usually initiated by the government, a formal lawsuit is the result when someone wishes to file a personal injury case by filing a complaint against another person. The latter can also be an organization, a federal agency and even a large company and the plaintiff can claim that they sustained personal injuries because of their negligence. This action is called ‘filing a lawsuit’ and it can go in the plaintiff’s favor if they have concrete proof and an experienced attorney working for them.

What is an informal settlement?

Most personal injury claims are resolved through informal settlements and usually between those involved in the dispute. This includes the attorneys and insurers of both parties and the decision is based on negotiations that are written down formally and signed. In these cases an indeterminate amount of money exchanges hands and which is used to resolve the claim out of court.

How does a claim work?

Since no two accidents are ever the same, every personal injury case differs from circumstances to circumstances. However, there are some standards that need to be followed to get the big picture. These include:

Defendant does something to the Plaintiff – this includes a separate body of laws known as the contract law and this can be implemented if the defendant does something to the plaintiff that makes the latter undergo physical/emotional trauma.

 Plaintiff claims Defendant breached duties – This will depend on what brought about the injuries. For example if a doctor was negligent in his/her duties and a patient died because of it, they can be held accountable and charged with medical malpractice. However, if the patient died despite receiving appropriate medical care, then there is no case.

Personal Injury case? – Call Attorney Javier Marcos

If you ever find yourself in a moment of desperation and lack of help call personal injury Attorney Javier Marcos 713.999.4444 as soon as possible. The office is open 24 hours, every day of the year.

Do not hesitate to contact personal injury Attorney Javier Marcos. He cares and manages every case as if it was his own.  Attorney Javier Marcos is known for his strong devotion for defending the Hispanic community and making others pay you for their faulty actions.

Contact us at Javier Marcos and Associates to find out how you can make a personal injury claim and get the compensation you deserve.

 

https://attorneyjaviermarcos.com/ 

2017-03-07T12:11:44+00:00January 6th, 2017|accident, Articles|