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What You Need When Filing a Personal Injury Claim in 2021

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Written by John Marmolejo

Personal injury laws present opportunities for victim’s collect compensation for their injuries and financial losses. If the victim presents evidence, it must show that the defendant is liable for the injuries via negligence or direct actions. There are a multitude of case types for personal injuries, and the exact type of case introduces more laws that are applicable. For example, in a dog attack case, the victim must prove that they were not liable for their own injuries, and the pet owner failed to maintain control over their animal. A review of details to know when filing a personal injury case guides the victim through the proceedings.

Evidence of a Personal Injury

In a personal injury claim, the victim needs medical evidence that shows their exact injuries and how these injuries will affect their lives. If they suffered minor injuries, the case may not be as viable as if they sustained more substantial injuries that either cause a disability or are permanent or irreversible. The medical records must show that the person will need financial assistance because they cannot return to work immediately, and they have medical expenses that are unaffordable. Victims can get help with a personal injury claim, according to lawboss.com and they are encouraged to contact a lawyer.

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Evidence that Shows You Didn’t Play a Role in Your Accident

Comparative fault ruling defines fault on the victim’s behalf, and it indicates that the person played a role in causing their injuries. In an auto accident, the comparative fault ruling indicates that the victim was guilty of a moving violation and contributed to the cause of the accident. The defense will need to present evidence that shows the victim is guilty of a comparative fault. If they are guilty, the court decreases the monetary award according to the percentage applied for each moving violation. If the victim is more than 50% at fault for the accident, they will not receive any compensation for their injuries.

Was an Insurance Claim Filed?

The accountable party must file an insurance claim to provide compensation in certain cases. For example, if the policyholder caused an auto accident, an insurance claim provides coverage for the victim’s medical costs and their auto repair costs. If the victim was injured in a dog attack that happened on the pet owner’s property, they can file a claim through their homeowner’s or renter’s insurance policy and provide compensation. If insurance is unavailable, the person may face a lawsuit for personal injuries.

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Eyewitnesses That Saw the Event that Caused the Injuries

The deposition of any eyewitnesses is an effective way to collect evidence and acquire witnesses for the claimant. However, all depositions must be shared with the defense, and the defense is allowed to review these statements made against their client. In an auto accident, the eyewitnesses explain how the accident happened and any details that they saw. This could substantiate the victim’s case or prove or rule out the comparative fault.

Doctors Can Testify About Injuries

Doctors testify about the injuries when the victim’s injuries are so severe that they alter their life dramatically. For example, the victim must prove that they sustained an injury that is life-threatening, caused the loss of organ function, or a loss of limb. If the victim is no longer able to support themselves or they will need extensive medical treatments for their injuries, they may need a doctor as a witness to present private details about their medical records.

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Calculating All Financial Losses for the Victim

Financial losses are the basis of most personal injury cases, and the claimant must provide their attorney with invoices for their medical expenses, financial statements for lost wages, and if they were involved in a car accident, they need estimates for their auto repair costs. The case type defines what type of monetary damages they may receive in a legal claim. Typically, they receive economic damages and some awards for tort-based allegations. However, medical malpractice may present punitive damages. The victim needs a complete estimate for all financial losses.

Connections to Criminal Cases

Some personal injury cases may be connected to criminal cases. For example, if a driver that caused an auto accident was drunk, they will face criminal charges if they are convicted. During the criminal case, the defendant will be ordered to pay restitution to the victim for their losses. The victim also has the option to start a civil lawsuit against the defendant to collect compensation. They are not restricted in either court on how much they can receive if the court awards them compensation and restitution.

The cases are completely separate, and the victim can receive an award in either case. However, if they received compensation through an auto insurance claim, the victim may face restrictions in a civil case.

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When Victims Die

Wrongful death lawsuits are filed by the victim’s family after the victim dies from their injuries. The lawsuits must show that the victim died because of their injuries, and they must present information about the family’s financial losses. They can collect medical and funeral expenses, and some courts may present some tort-based awards because of loss of companionship, financial support, or mental anguish.

In cases such as auto accidents, any victim that dies must undergo an autopsy, and the autopsy shows the victim’s exact cause of death. The autopsy must present the same claim as the victim’s family.

Personal injury laws present a legal avenue for victims to collect compensation for their injuries and financial losses. The type of personal injury claim defines what additional laws apply to the claims and how the victim must proceed. For example, in a dog attack case, they must report the animal and the pet owner to an animal control officer. The victim must get a medical assessment and determine if their injuries are minor or will create serious life changes. The evidence defines a connection between the event that caused the injuries and how the defendant is liable. Liabilities are the primary source of the cases, and the victim must prove that the defendant caused their injuries.

About the author

John Marmolejo