Understanding Personal Injury Claims: Key Insights

Every year, millions of lawsuits are filed in the United States, many of which involve personal injury claims. These claims seek compensation for injuries sustained due to accidents or other conducts. Here’s what you should know before contacting an attorney.

An Injury Does Not Automatically Mean You Have a Claim

• Actionable Claim: Just because someone has had an accident or sustained an injury does not necessarily mean there is an actionable claim.
• Legal Aspect: To secure compensation, there must be a legal basis to hold the defendant accountable.
• Negligence: Most personal injury claims involve negligence, meaning the injury occurred due to the defendant's failure to uphold a legal duty.
  • Example: If a victim is injured while in a store, the store owner has a duty to maintain safe premises. The victim must show that the owner failed to meet this duty, leading to the injury.

Various Theories of Liability

• Burden of Proof: Regardless of the legal theory (e.g., intentional torts), the plaintiff always carries the burden of proof to recover damages.

Types of Personal Injury Cases

The term "Personal Injury" is often associated with car accidents, but it encompasses many other types of cases, including:

• Workplace Injuries
• Premises Liability
• Animal Attacks
• Workers' Compensation

Essentially, any case indicating that a person suffered harm due to the negligence or actions of another individual or entity qualifies.

Involvement of Insurance Companies

Many personal injury claims involve insurance companies, such as those resulting from:

• Road Accidents
• Medical Malpractice
• Injuries at Businesses or Private Homes

Insurance companies prioritize protecting their financial interests, which may result in settlement offers that are not fair to the victim.

Settling Personal Injury Claims

• Court System: The U.S. court system is overwhelmed, with over 40 million lawsuits filed each year. Consequently, many personal injury cases settle outside of court.
• Negotiation: Victims' attorneys typically negotiate monetary settlements with defendants or insurance companies. Victims have the option to accept or reject these proposed settlements.

Five Major Factors Affecting Settlements in Personal Injury Cases

1. Time Limits:
   • Many states have a statute of limitations, giving victims a specific timeframe to file a claim.
   • Typically, this is around 3 years, but it may vary by state and by the identity of the defendant.
   • Once the statute of limitations expires, a claim cannot be filed.

For more information about personal injury claims, visit us at 1point1.com/contact-us.

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