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What is a Personal Injury Claim?

Aug 18, 2007
Any time a person is injured, that person experiences a personal injury. The law is designed to protect an individual from being harmed by other people or organizations. If a person experiences harm as a result of the actions of another person or organization, that person can file a personal injury claim. The claim will involve an attempt to demonstrate that either through negligence, or as a result of willful or inadvertent actions, the person or organization caused the personal injury experienced by the aggrieved party.

What Are the Different Types of Personal Injury Claim?
Before you decide to file a personal injury claim you will need to know a few things about it so you will be able to proceed in a manner that will bring you the best relief and compensation. Of course, the shortest and best way to do this is to consult an attorney. However, it never hurts if you are a little educated on the subject, so that you clearly understand your rights and what you will be entitled to should you pursue a claim.

There are two types of personal injury claims and these are: (2) general damages personal injury claim and (2) special damages and future loss personal injury claim.

1. General damages: This type of personal injury claim involves a demand for compensation for demanded for any emotional or physical suffering that you might have had to endure after the injury or accident.

2. Special damages: This type of personal injury claim is about the money loss you incurred as a result of the injury or accident. It includes direct costs resulting from the injury as well as earnings lost.

Expenses typically categorized as special damages include:

* Damage to the property you own (clothes, home, car, etc.)
* Medical treatment expenses
* Loss of pay for the time you spent in the hospital

Special damages can be compounded by the possibility of you loosing the ability to earn or continue in the same profession as you were before the accident. Special damages will also cover the loss that you suffer if a member of your family died if that member was supporting you financially.

In order to make your case strong, you should keep all the receipts that represent these payments very carefully. The more proof you have of the expenses you incurred to recover from the injury you suffered, the better are your chances to win the claim.

What Else You Should Know Before Filing for Personal Injury Claim?
It is a fact that your claim could be restricted if the other party could proves that any part of injury you experienced was partly or wholly your fault. Even if the other party is found to be at fault, if it appears that you did not attempt to keep the expenses and lost income at a minimum, your claim could also be reduced.

Ensure that you get sufficient information on what you are likely to be awarded in case you file a claim and be aware that the law will carefully weigh both sides before processing the claim. Expert advice on whether the personal injury claim has chances to succeed or not will help you take the best decision.
About the Author
Toronto Ontario personal injury lawyers for car accidents, malpractice, dangerous property & products and attorney for wrongful death.
http://www.bergellaw.com/
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