Personal injury claims are typically the result of another person’s negligence. The most common sources of such claims include automobile accidents, pedestrian accidents, defective product claims, and slip-and-falls. The person who is making the personal injury claim, the victim, is known as the claimant or plaintiff.
To successfully pursue a personal injury claim, it is necessary to prove with a preponderance of evidence that another person was at fault. The compensation level will be dependent on the nature of the personal injury, the losses, and the expenses that the claimant incurred as a consequence.
Personal injury due to negligence goes far beyond claims arising from car and product-related accidents to also cover medical malpractice. It could even be applicable to a government entity if someone gets injured on public property due to someone’s negligence. It is important to note that time limits are applicable to personal injury compensation claims.
Types of Claims
A personal injury claim can only be made if the defendant organization or individual is deemed to be at fault for the claimant’s injury or accident due to a breach of their statutory duty or negligence.
There are diverse types of personal injury claims besides the ones mentioned above. These include those arising from accidents occurring at public places, the workplace, holiday or foreign jurisdiction accidents, assaults, and even medical negligence.
Contributory negligence happens when the person or entity being sued accepts responsibility for the accident or injury but claims that the person seeking compensation was partially responsible for what happened. Common examples of contributory negligence are road traffic accidents, for example, where claimants could be judged to be partially responsible for injuries suffered if, at the time of the accident, they were not wearing a seatbelt.
In a personal injury case, if the courts uphold contributory negligence allegations, it could lead to a reduction in the compensation amount a claimant will end up receiving, based on the degree of their involvement.
Medical Negligence Claims
The term also covers medical accidents that could lead to negligence claims. The conditions that often fall under this category are known as industrial diseases. They include chest diseases, asbestosis, mesothelioma, occupational deafness, occupational stress, repetitive and strain injury cases, among others.
Filling a Personal Injury Claim
Every state has set certain time limits, known as “statutes of limitations.” These are what govern the period within which the claimant must file their personal injury lawsuit. For example, in some states, the time to file your claim arising from an automobile accident may be as short as one year. Any lawsuit filed after the deadline will have your claim thrown out of court.
Any personal injury claim requires a comprehensive understanding of the legal facts and the due processes. Different from other aspects of the law that typically find their rules and regulations in statutes (e.g., penal codes found in criminal cases), personal injury law development has largely grown through court decisions as well as in treatises prepared by eminent legal scholars.