A personal injury claim is a legal action that allows an injured party to seek financial damages for their losses resulting from a civil wrong from the responsible party or parties.
For example, consider a car accident where one person was driving drunk. The plaintiff should show the at-fault driver owed a duty to others to drive safely but breached that duty by getting behind the wheel after too many drinks. They also went too fast for conditions and t-boned the plaintiff, leaving the plaintiff with a broken arm, broken leg, and traumatic brain injuries. The plaintiff can request damages for the harm they suffered in the form of medical bills, lost income, plus physical and cognitive disability.
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 of care: The victim must be able to show the defendant owed them a duty of care to behave in a reasonable manner to ensure the safety of others.
- Breach of the duty of care: The plaintiff and their lawyer must present evidence showing how the defendant failed to meet their duty of care through their actions or inactions.
- Causation: The plaintiff must then also show that the breach caused the victim harm or damages using medical records, police reports, and other evidence.
- Harm: Often called damages, the plaintiff presents a list of the financial and subjective ways they were harmed as a result of the personal injury.
The at-fault party’s insurance company should pay your claim for damages. However, if the insurer refuses to pay the total amount of coverage, it is insufficient to pay for all of your losses, you can file a claim with your own insurance company.
If the at-fault party does not have insurance, your personal insurance coverage may help, or you will need to explore filing a civil lawsuit against those responsible.
Why Not Take the Insurance Company’s First Offer to Settle Your Claim?
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 settled by an insurance claim, those losses cannot be revisited later 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. 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.