What is a Personal Injury Claim?

Hundreds of Texans are injured daily by accidents due to negligence. Treating your injuries can be costly, and your successful recovery can be directly related to the compensation you receive for your injuries. These circumstances can lead to injured victims not receiving the care they need.

Your ability to successfully navigate the legal system and get results in your personal injury claim is directly influenced by whether or not you hire a compassionate yet aggressive legal team. The personal injury attorneys of J.D. Silva & Associates are experienced in helping injury victims successfully file claims that adequately provide for their needs following a personal injury. But to understand more about how the legal process will go, we must first answer the question – what is a personal injury claim?

Personal Injury Claimswhat is a personal injury claim

A personal injury claim allows an injured party to seek financial damages for their losses resulting from a civil wrong from the responsible party or parties. In order to lodge a claim for damages as the result of an injury, the victim must be able to prove the elements of a negligence cause of action – duty, breach, causation, and harm. The victim must be able to show the defendant owed them a duty of care and breached that duty. The plaintiff must then also show that breach caused the victim harm or damages.

Injuries That Give Rise to A Personal Injury Claim

Most people are familiar with car accidents and filing a personal injury claim for the damages that result. But personal injury claims are not limited to automobile accident injuries. Other situations that can give rise to a personal injury claim include but are not limited to:

Negligence occurs in many forms and its results can cost you your health and financial stability. A personal claim allows you to seek compensation to cover your losses suffered as a result of the injury-inducing event.

Types of Damages an Injury Claim Covers

A personal injury claim will seek to cover the economic costs and other losses you suffered as the result of an accident. These damages will include items easily quantified by a dollar amount, such as medical bills, medications, transportation to doctor’s visits, and the cost of hiring assistance to complete the daily tasks you usually are capable of but cannot tackle because of your injuries.

Some damages are more challenging to quantify. These injuries can include pain and suffering, loss of enjoyment of life, and emotional trauma. Quantifying these losses with a dollar is hard to impossible to do without the guidance of an experienced personal injury attorney.

Filing a Personal Injury Claim

A claim must be filed with the at-fault party’s insurance company in order to be able to receive compensation. Taking this step sounds uncomplicated, and you will likely be contacted by an insurance adjuster that appears sympathetic and eager to settle your claim. However, there are many reasons why you should neither speak with nor negotiate with an insurance company – or accept the first offer they make – without consulting with a personal injury claim lawyer first. Here’s why:

  • Insurance companies will try to pay you as little as possible for your claim, starting negotiations with lowball settlement offers.
  • Personal injuries often require ongoing medical attention, and the amount offered by the insurance company may be inadequate to cover those expenses.
  • The depreciated value offered for your damaged items cannot adequately replace the lost goods.

If your personal injury losses are able to be settled by an insurance claim, those losses cannot later be revisited when unexpected expenses continue to trickle in. A personal injury claim attorney with J.D. Silva & Associates can help you determine the appropriate amount of compensation for your losses and demonstrate your losses to the insurance company so that it takes your injuries seriously. If we are unable to obtain maximum compensation through the claims process, our legal team will file a lawsuit.

Each insurance company sets guidelines for how long you have to notify them of when an accident occurred. However, you should never be forced or coerced to make a statement, and a Texas personal injury attorney can represent you in your claim to prevent your words or opinions about the accident from being misconstrued and used against you.

Who Pays for Damages in a Personal Injury Claim?

The at-fault party’s insurance company should pay your claim for damages. However, if the insurer refuses to pay the total amount or coverage is insufficient to pay for all of your losses, you can file a claim with your own insurance. If the at-fault party does not have insurance, your personal insurance coverage may help and / or you will need to explore filing a civil lawsuit against those responsible.

Supporting Personal Injury Claims

Every personal injury claim needs documentation backing up the injuries and proof that the injuries resulted from the at-fault party’s actions. With any personal injury, if you are physically capable, collect the following information to support your claim:

  • Photos of your injuries
  • Photos of what caused your injuries, such as torn carpet, loose boards, the dog that bit you, or the vehicles involved in a car accident
  • Ask for the name, address, and phone number of any witnesses to your accident
  • Document the time and date
  • If law enforcement is involved, ask for a copy of their report
  • Get the contact information for the at-fault party’s insurance company
  • Ask for the information of the company a driver works for if they are on the clock when a motor vehicle accident occurs

How a Personal Injury Attorney Can Help with Your Claim

While some personal injury claims will end with a settlement, you want and need full and fair compensation for your injuries. The trial lawyers of J.D. Silva & Associates are compassionate advocates for your needs that aggressively work to ensure insurance companies take your claim seriously. We are here to:

  • Negotiate the terms of your claim
  • Ensure your claim is adequately documented
  • Speak with insurance companies on your behalf
  • Navigate complex claims or claims that represent a significant loss
  • Counter unfair settlement offers
  • Support you during any mediation or alternative dispute resolution process
  • Discuss the legal alternatives when further action is needed

A personal injury attorney with our law firm will offer you and your loved ones support so you do not have to make difficult decisions alone.

Speak With J.D. Silva & Associates About Your Claim

As you begin the claim process, you will likely have questions, and you want sound answers that offer direction and clarity. J.D. Silva & Associates wants to hear from you and ensure you are compensated appropriately in your personal injury claim. Approach a personal injury claim confidently by working with our legal team. Our personal injury lawyers have experience successfully making challenging decisions in complex situations and we are here to help. Contact us to see how we can help with your case.