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How to Make a Personal Injury Claim

Feb 11, 2008
Personal injury cases are defined by their root cause -that a person or party's negligence or actions have led to another person's physical injury or mental anguish. If you are in a situation where another person or entity has caused you harm, you may be able to make a personal injury claim, take the offending entity to court and sue for damages.

These cases are very common and account for a large amount of the legal actions taken every year, yet most people are fairly uneducated about them.

Personal injury cases encompass auto accidents, defamation of character, product defects and medical malpractice, as well as many other categories.

If you are considering making a personal injury claim, the first thing you will need to do is verify the validity of your claim in the eyes of the law. Laws regarding personal injury can vary from state to state. You should contact a legal professional within your state and learn about state laws and how your claim will likely fare in the judicial system.

If you have sustained injury or damages through the fault of another person or business, then that business or individual will likely be considered legally responsible to pay you compensation. But the court must determine responsibility.

In doing so, the court will look for negligence, which is carelessness on the part of the party you are claiming is responsible for your injury. The court will ascertain who has been more negligent -you or the other party. Whoever they deem most responsible for the damages will have to pay for them.

If you are entering into a personal injury case, you will likely face an insurance company in court. Insurance companies have massive resources, so it is critical that you choose the best legal representation available before you go to court.

To present your case well, you will need very strong documentation of the other party's negligence and evidence showing the seriousness of your injuries. A high-quality personal injury lawyer will make sure that you are presenting your case in the most effective manner. I cannot stress enough how important it is to have high quality legal representation in a personal injury case. Statistics show that people who enter into a personal injury lawsuit without a lawyer almost always lose.

When you are choosing your attorney, find an individual or firm that specializes in personal injury. Your legal representative should be able to ascertain the strengths and weaknesses of your case, know how much money you stand to win, have a clear-cut strategy for the case, have proven knowledge about the field and be up-to-date with current trends.

It is also very important that your personal injury lawyer has experience dealing with insurance companies. Like I mentioned before, insurance companies have deep pockets and far-reaching resources. Insurance companies hire powerful corporate lawyers to keep settlements low. You will want a lawyer with the competence and experience to go up against these powerful individuals.

Most personal injury claims are settled out of court, but you will want to be sure your lawyer has trial experience. If your lawyer has proven himself in court, your opponents will be far more likely to settle rather than face the expenses and negative publicity associated with a trial.
About the Author
Bergellaw has been helping car accident victims, slip & fall victims and other personal injury sufferers for 35 years. We are experts in matters related to personal injury in Ontario
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