Personal Injury Claim: What Is It?

What is a personal injury claim? Many individuals are familiar with the term, yet may not know the ins and outs of the legal procedure, including who is involved, the possible outcomes, and the purpose of filing a claim. However, if you or a loved one are injured as the result of another party's negligence, it is essential that you seek the assistance of an experienced attorney as soon as possible, as you may be entitled to financial compensation. But when filing a personal injury, you must act swiftly, as time is of the essence. The sooner you file your claim, the better off your chances may fare in a court of law.

Keep reading to learn more about personal injury claims, including answers to common questions such as what is a personal injury claim, who can file a personal injury and more.

The Legal Definition of Personal Injury Claim

A personal injury claim is a legal dispute or court proceeding that occurs after an individual suffers an injury to their person and believe another party may be at fault. During this process, the plaintiff, who is the person that sustains the injury as the result of the wrong-doing, files for financial compensation to cover costs associated with their injuries and medical treatment.

The goal of the court proceedings is to deem that, yes, another party is, in fact, legally responsible for the injuries and that they could have been reasonably avoided under appropriate circumstances. The financial compensation may cover not just tangible losses, such as medical bills and lost wages, but may also account for things such as mental pain, anguish, and suffering.

Personal injury claims may settle in or out of court. In some cases, the plaintiff's attorney and the lawyer representing the opposing side may negotiate and come to an agreement before either party sees the inside of a courtroom. They may settle on an amount for compensation and payment terms, sign paperwork, and move on from the event.

Other times, personal injury claims take months or even years to settle in a courtroom. There may be many parties involved, such as medical experts providing testimony, eyewitnesses, and more. After a judge decides the outcome of the case, payment can take additional time, leading to a lengthy battle that can be challenging both financially and emotionally for all parties involved.

Common Personal Injury Claim Related Terms

When answering the question what is a personal injury claim, you are likely to hear many different terms and phrases that have meanings unique to this particular legal process. It can be overwhelming to take everything in at once, which is why it is always best to hire an experienced personal injury lawyer to guide you through the process.

Below are some of the most common terms and phrases related to personal injury claims and the legal process through which they are settled.

Plaintiff: The plaintiff in a personal injury case is the person filing the claim, either for themself or on behalf of a dependent (such as the parent of a child who has suffered an injury).

Defendant: The defendant is the person or party you are filing a claim against. It is the party you are claiming is liable for your injury, and the party you believe should be responsible for compensating you. Defendants may be an individual person, a business or organization, or even a city or state.

Complaint: A personal injury complaint is your formal declaration of grievance with the courts. An attorney can draft this documentation for you and submit it properly.

Statute of Limitations: The statute of limitations outlines how long an individual has from the date of an incident to file an official complaint with the courts. These limitations vary depending on circumstance and by state, so it is best to act as soon as possible and to consult a personal injury lawyer near you.

Negligence/Negligent: To be legally responsible for your claim, the opposing party must have acted with negligence or have been negligent. The legal definition of negligence, according to Cornell Law School, is "a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances." In regard to a personal injury claim, negligence has four separate elements.

Duty of Care: The first in the four elements of negligence, duty of care means that another person or party had a legal duty to uphold your safety at the time of the event.

Breach of Duty of Care: The second in the four elements of negligence, to be deemed negligent, a party must also breach their duty of care. This means that the opposing party either acted or failed to act in a way that upheld your safety.

Causation: The third in the four elements of negligence, causation means that the opposing party's actions or lack of action was the cause of your injury. In other words, their behavior caused your injury.

Damages: When filing a personal injury claim and asking for compensation, you must outline specific damages. Damages are the concrete ways in which you sustained harm. You may also hear damages referred to as the amount of money you are seeking.

There are many other terms and phrases involved in a personal injury claim, and it is common not to be familiar with them all. That is why hiring a personal injury attorney is the best route to take. Not only can a lawyer argue your case in a court of law, but they will also be there to explain all aspects of the case to you along the way, keeping you and your loved ones informed.

Do You Need a Personal Injury Lawyer?

When asking what is a personal injury claim, many individuals want to know whether or not they need a lawyer to represent them. Often, individuals wish to know if they can simply represent themselves in a court of law, avoiding lawyer fees. The reality is that this is never a good idea.

If you are filing a personal injury claim against another party, the chances are very high that they will hire an aggressive legal team to defend them in the hopes that they can avoid paying out on your claim. You need the same tireless representation on your side, fighting to ensure you get the money that you are legally entitled to.

Furthermore, personal injury claims can be lengthy and full of red tape. Often, they require the help of expert witnesses and professionals such as private investigators working to prove your case. For this reason, it is essential that you hire an experienced personal injury lawyer with an excellent legal team and roster of experts behind them to make your case in court.