Important Information For Injury Compensation Claims

Injury compensation claims can come in the form of claims made to an insurance company or can come in the form of lawsuits argued in court. Injury compensation claims arise in a number of different situations, and it is important to understand how the law applies given the type of injury you have suffered.

How to Make Injury Compensation Claims

When you have been injured, you can generally file a lawsuit against the person who injured you. If this occurs, you may find yourself dealing with an insurance company. For example, if you were injured in a car accident, you will be dealing with a car insurer; if you were injured in medical malpractice, you will find yourself dealing with a medical malpractice insurance carrier; if you were bit by a dog or injured at someone's home, a homeowners insurance carrier will be contacting you.

The insurance company will generally offer you a settlement, provided they believe their insured is at fault and that there is merit to your claim. You can choose to accept the settlement, or you can decline to do so and argue your case in court. If you argue your case in front of a jury, you take a chance- you may get a larger damage award or the jury may find the defendant wasn't actually at fault and you may get nothing at all.

Types of Damages

When you make a personal injury claim or case in court, you may be entitled to damages for:

Medical bills
Lost wages
Pain and suffering
Emotional distress

Limitations on Claims

Several states have instituted various limits on your right to make or recover from injuries. For example:

In no fault states, you cannot sue for car accident damages unless your injuries are "serious." This usually means permanent or disfiguring or disabling. If your injuries aren't serious, you can recover only from your own insurance company through personal injury protection (PIP)
In many states, damage caps exist on medical malpractice lawsuits. For example, in California, you are allowed to recover only $250,000 of non-compensatory damages (damages for things such as pain and suffering, as opposed to actual financial losses you suffered as a result of the malpractice).

Getting Help

If you have been injured by someone either intentionally or negligently, you should consult with an experienced personal injury attorney as soon as possible. Your attorney can help you explain any limitations on your claim and can help you to build evidence to prove you are entitled to recover. He can also help you to determine if a settlement is fair or to argue your case in front of a jury so you can recover the damages you deserve.

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