After you got injured in an accident, you may wonder whether you’re entitled to receive compensation for the injuries you incurred. You may receive some compensation from your insurance provider; however, if that isn’t enough, you can also file what’s called a “personal injury claim” at the court.
Personal injury claim can be brought by a person who suffers an injury because of the negligence of another individual or party to receive compensation for their damages.
Before you file a personal injury claim, it is important to determine whether you have a valid claim or not. In this post, we’ll highlight how you can determine whether you have a valid personal injury case.
1. Did You Get Injured?
You can receive compensation in a personal injury claim only when you suffer an injury. An injury can be to your body, emotions or mind. In simple words, both physical injuries and psychological injuries are considered personal injuries that you can receive compensation for.
For example, if your arm broke in an accident or you sustained a concussion, it means that you got injured. If, after an accident, you experience insomnia, depression or anxiety, it’ll be considered an injury to emotions or mind and you can file a personal injury claim in that case.
If you didn’t get injured and only suffered property damage, you cannot file a personal injury claim.
2. Was It the Negligence of Another Person That Led to the Accident
You’ll have a valid personal injury claim only when your injuries are caused by another individual’s or party’s (government or business agency) negligence. Generally, when an accident occurs because of the negligence of another person, that careless person will be held liable for your injuries and they’ll have to compensate you for your damages.
In order to get compensated for your damages, you’ll have to prove at the court that the accident occurred because of the negligence of another person or party. An experienced personal injury attorney like Scott M. Schweiger can help you in this regard.
3. Did Your Incur Recoverable Damages?
When you are filing a personal injury claim, you must have incurred financial or personal harms that the other person can compensate through cash. If you’re able to establish that negligence of the other party caused you harm, the court might award you a certain amount of money depending on your damages. Your medical bills, the pain caused by injuries, wages lost because of the injuries, and loss of support and companionship are taken into account to determine the compensation you are entitled to.
Economic damages like medical bills and lost wages can be easily calculate. However, calculating non-economic damages like the pain caused by injuries is much more difficult. You should seek a personal injury attorney to help you make estimates.
If you think you may have an eligible claim or would like to consult an expert, contact Scott M. Schweiger today!