Personal Injury Settlement

In 2004, American households reported over 33 million episodes of medically-attended injuries. According to the National Center for Health Statistics, exactly 167,184 of those injuries resulted in death in the same year. Sometimes such injuries are accidentally or intentionally inflicted by others. In these instances, a personal injury settlement could be owed to victims and their loved ones.

• If you need legal assistance with a Personal Injury Claim, please consult with an Injury Attorney near you to discuss the details of your case. This website is for informational purposes only, and nothing stated here should be taken as legal advice.

Injury Scenarios

Almost a limitless number of scenarios can cause injury or harm that could potentially lead to a personal injury settlement. Employers can fail to inform and train their employees in safety standards and techniques, resulting in serious injuries and illness. Reckless drivers may endanger lives by not following traffic laws. Doctors may prescribe the wrong medications. Thousands of cases for personal injury are taken to civil courtrooms each year. Sometimes, the proceedings may even go on to the higher, criminal courts. Plaintiffs may wish to receive compensation for their medical bills, lost wages, future lost wages and punitive damages for physical and mental pain.

How to Win Your Claim

A personal injury claim is won by proving negligence. This means that the defendant has clearly shown a blatant disregard for the health of the plaintiff- both physical and mental. The plaintiff does not even have to prove maliciousness to win such a case. Slander and libel can also be considered forms of personal injury. Defaming, false information legally cannot be spread by word of mouth or in print. Again, plaintiffs merely have to prove a level of inattention and carelessness on the part of the defendant.

Several steps can be taken to determine if the defendant was negligent and whether the plaintiff should seek professional legal advice, or simply settle the claim outside the courtroom.

• If you need legal assistance with a Personal Injury Claim, please consult with an Injury Attorney near you to discuss the details of your case. This website is for informational purposes only, and nothing stated here should be taken as legal advice.

They include:

• Seek medical attention for any injuries- no matter how minor they may appear.
• Document all scratches, broken bones or cuts with photographs.
• Be careful to remember all of the details of the injury: What date and time did it occur? Where did it occur?
• To determine the amount of damages, ask these questions: How much money was lost in medical expenses and wages since the injury was sustained? How much is the expected future loss?
• To determine the punitive damages, take the previous number and multiply by three to find the value of pain and suffering.
• File a report with the local police department.
• Ask any witnesses to provide written accounts.
• Keep any evidence
• Notify the insurance company and the defendant with a letter.
• If the case becomes complex with the insurance company, or defendant, consider seeking professional counsel.

Before Filing a Claim

Before making a personal injury claim, it is important to remember that the case can only be won if the plaintiff has incurred medical expenses or has lost wages because of the injury. Oftentimes, the claim may be settled outside of the courtroom if both parties wish to avoid time and money-consuming civil hearings. In this scenario, actions and communication between parties should be well-documented to avoid future problems.

The following are several good reasons why personal injury settlements should be made outside the courtroom whenever possible:

• No costly legal fees for either party
• The injury issue is resolved much more quickly than if it were handled by the judicial system
• Postponement and appeals can be avoided entirely
• The defendant may request to settle outside the courtroom to avoid extremely high punitive damages, ordered by the court

Both parties can benefit by avoiding the court system and the plaintiff is more likely to receive his or her damages, in a more timely fashion.

• If you need legal assistance with Personal Injury Claim, please consult with an Injury Attorney near you to discuss the details of your case. This website is for informational purposes only, and nothing stated here should be taken as legal advice.