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Winning Your Personal Injury Claim 101
Personal Injury Claim
A personal injury claim involves an injured person seeking
compensation for his/her physical suffering, emotional pain,
permanent disability, or other injury from responsible
individuals or institutions. The legal grounds for personal
injury claims are three elements of tort to establish liability:
negligence, strict liability, and intentional wrong.
If your injury is caused by the negligence of the defendant who
failed to prevent it to happen, you have the legal ground to
file your personal injury case as a tort of negligence. Strict
liability is generally related to product liability - injury
caused by the use of defective products. If the cause of your
injury is the result of international behaviors from individuals
or institutions, you may pursue both a civil personal injury
lawsuit and file criminal charges.
An individual may have a personal injury case if 1) the person
charged is truly responsible for the injury and 2) that the
damages claimed truly reflect the extent of the loss.
Personal Injury Lawyers
For a minor car accident, it is common to directly settle the
claim with the insurance company thus to avoid the expensive
legal cost as insurance companies have standards to estimate the
loss of physical items. If your claim, however, involves
significant personal injury, you should definitely consult a
personal injury attorney. Hiring a lawyers doesn't mean that you
will go to court and get a trial. It sends a clear message to
the insurance
companies that you are serious and you are
intended to build a strong case. The involvement of a personal
injury lawyer increases your negotiation power and it's the best
interests of insurance companies to avoid a costly lawsuit. In
fact, the percentage of legal battles going to trial is very
small for any kinds of lawsuits. Personal injury lawyers are
equipped with expertise and experience to advise you the best
path to settle the claim, to help you collect evidence, to build
a strong case, to file the necessary paperwork, and to fight for
you so that your claim will be settled in the best of your
interests. There's no double, insurance companies want to settle
claims as quickly and cheaply as possible. Lack of legal
representation or expertise will quickly put you in a
unfavorable position.
Independent Medical Examinations
One of most important parts in preparing your personal injury
claim is the support of medical records from the Independent Medical Examinations
(IMEs) to establish the case. Independent Medical Evaluations
(IMEs) form the foundation for disposition of claim. IME
services usually provide a comprehensive medical examination and
full review of all available medical records and diagnostic
studies to support the lawyer's argument and claim.
About the author:
Natalie Aranda is a freelance writer. She writes about family,
business, travel, love and
relationship.
Written By: Natalie Aranda