After an injury, two important factors determine if you have a personal injury claim. The first is if you truly suffered an injury, and the second is if it was caused by the negligence of another person. Injuries are unexpected yet common events that can happen virtually anywhere. Some cases where the injury is caused by the negligence of another person are medical malpractices, dog bites, motorcycle and vehicle accidents, pedestrian accidents, slip-and-falls, and so on. As obvious as these accidents are, determining whether or not you have a personal injury case can be complicated. This is due to the need for providing evidence that proves that your predicament is a result of someone else’s negligence. While trying to pursue this claim, you may battle medical expenses, loss of income, and many more.
What Does Proving Negligence Mean?
This is the first step towards making a personal injury claim. Four elements make up a negligence claim, and they are duty, breach, causation, and damages. Duty refers to the defendant’s responsibilities to act in a reasonable manner for the safety of the plaintiff. As a result, the plaintiff is not expected to be harmed. Breach refers to the situation where the defendant fails to act with caution and thereby harming the plaintiff. The defendant is said to have breached their legal duties. Causation is where the defendant causes the injury of the plaintiff, directly or indirectly. Damages involve the plaintiff getting compensation for their injuries.
Depending on the kind of injury case, you may have to prove that the negligent party was indeed aware that their action can be a source of harm.
Common Damages In Personal Injury Claims
When speaking of damages in personal injury cases, it is not only restricted to physical factors as damages can also be emotional and psychological. This also determines the kind of compensation you would be receiving. Some other factors that determine your compensation are the severity of the injury, how expensive recovery is, and how much the injury has changed your life. Your insurance company may also be the one to determine the level of damages you sustain and the kind of compensation you need.
How To Go About An Injury Claim
When trying to get compensation for your injury, insurance companies may try to save money by offering compensation that is little compared to the damages sustained. Some injuries do not show signs of severity until after some weeks, and accepting the little compensation from the insurance company could be a bad idea. The best course of action is to seek the help of a personal injury lawyer first. It is their job to advise you, contact your insurance company on your behalf and carry out the right steps to ensure you get the compensation you deserve.
Due to how complicated personal injury cases are, it is advisable to seek advice from a legal professional before making serious decisions. For more information about this, visit https://www.personal-injury-miami.com
Flagler Personal Injury Group
Phone number: 305-424-8445
Address: 1 NE 2nd Ave #200 Miami Florida-FL 33132