Published On: Mon, Apr 18th, 2022

How to Know You Have a Valid Personal Injury Claim?

A Personal Injury is a serious matter for everyone including Court, Police, and Insurance Companies.  There are strict policies introduced to deal with such cases including making a claim, calculating the claim’s worth and making sure you didn’t commit insurance fraud.

Following, we will share how to know you have a valid Personal Injury Claim and calculate the right amount. We will also show you what makes your claim look fraud.

photo/Claim Accident Services

Were You Injured?

To claim a Personal Injury Lawsuit, you have to be injured. The injury can be to your mind, body and even emotions. The damage can be anything, physical or psychological.

In case you broke your arm or had a concussion, you suffered an injury. If you suffer from anxiety or depression after the accident, this is considered injury as well. Personal injury is different than property damage.

If you were in a small incident that caused minimal damage to your vehicle and no injury to you, you didn’t suffer from personal injury. The court can offer a small amount to reimburse you, but this won’t qualify as a personal injury claim.

Were You Injured Because of Someone or Something Else’s Negligence?

For a viable Personal Injury Claim, the damage must have been caused by the negligence of someone or something else.

When someone acts careless and causes harm to you, the careless person will be liable for your injury as the harm was a result of their negligence. According to the court, Negligence is the failure to act with the care that a reasonable person would have handled the situation differently.  There are four different components of a negligence claim, and we are going to explain them.

Duty: Defendant had a legal responsibility to behave in a specific way towards plaintiff under the given circumstances.

Breach: Defendant violated the duty by acting or failing to act in a specific way towards the plaintiff.

Causation: Actions of the defendant were the cause of plaintiff’s injuries or damage.

Damage: Plaintiff was harmed due to to the actions of the defendant, and the given sum can reimburse for the damage.

To win your claim, the injured party has to establish the fact that the guilty party is responsible for their loss. The guilty acted in a negligent manner which caused the damage.

Do you Have Reimbursable Damage?

You must have suffered personal harm which can be compensated by money. Damage is the legal term used for a sum of money which is rewarded to the plaintiff. This is only possible if the plaintiff can prove the defendant acted negligently and caused the damage. The insurance company agrees to pay the plaintiff compensation for his loss.

If you win the Personal Injury Case, you will be compensated for:

  • Medical Bills for Treating Injuries
  • Physical Pain and Emotional Agony
  • Wages Lost Because You Weren’t Able to Work
  • Disability Accommodation
  • Loss of Support and Companionship

These losses are both economic and non-economic. The economic loses like property, bills, and wages are easy to calculate while non-economic loses like emotion and support are hard to image. Therefore, you must consult with Warriors For Justice and get an estimate.

You need to consider whether you will actually recover the damages awarded to you or not. If you file the personal injury lawsuit against someone who has no job or assets, they won’t be able to give you a penny.  

Personal Injury Claim Calculation

When you file a Personal Injury claim, it is important you know how much amount you can claim. It is very hard to calculate especially if you are dealing with an injury. There are different sorts of Personal Injury Actions. These range from Road Accidents to a Medical Negligence.

The compensation amount depends on the extent of injury and damage the pursuer suffered. In simple words, the more severe your case is, the higher compensation you can expect. Your attorney will calculate the figure based on the severity of the injury, property damage, and emotional repercussions. Therefore, it is important you find a solicitor right away after the accident

Fraud Claims

Insurance Fraud is a growing concern with some serious ramifications.  In case you are being enrolled in a fake case. The most common fraud is Auto Insurance Fraud.  Someone who needs a target only looks for the name, evidence of accidence and the phone number of the insurance company.

There are two types of fraud, Soft Fraud, and Hard Fraud. In soft fraud, the accuser stretches their injuries to funnel more money for their bill and damages. They can also stage a fake injury to register a new claim.

Hard Fraud is a bit serious where people stage accidents and plot injuries. Police and Insurance companies don’t take this lightly as this fraud has severe penalties.

Author: Sheikh Hazaifa

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