A personal injury claim is any claim for damages suffered as a result of another person’s or business’s negligence. In other words, “personal injury claim” is a general term that includes everything from car accidents to medical malpractice.
In order to establish negligence, a plaintiff must prove:
- That the defendant owed a legal duty of care under the circumstances
- That the defendant failed to meet this legal duty through act or omission (the failure to act)
- That the defendant´s failure to meet their legal duty of care caused an accident and resulted in injury to plaintiff
A personal injury claim is typically brought by the injured person to recover for economic and non-economic damages. Economic damages include medical bills, lost wages, and other out of pocket expenses that were caused by the negligent party. Non-economic damages include pain and suffering, physical impairment, and physical disfigurement. The spouse or child of an injured party may also have the right to bring claims for the losses they have suffered. For example, a spouse may make a claim for the damage to the marital relationship or loss of household services.
A personal injury claim involves evaluation of the injury and damages suffered as well as the conduct of the defendant. Many factors impact the manner in which a personal injury claim proceeds including the severity of the injuries, the degree of fault of the defendant as well as the availability of insurance coverage or other sources of compensation. Many personal injury claims are resolved without filing a lawsuit. Materials including the medical records and bills, evidence of wages lost, comparable verdicts or settlements and expert reports if needed are typically sent to the defendant´s insurer with a demand for payment. The settlement of a claim saves both sides from the risks and costs of litigation. If the plaintiff and defendant cannot agree on a settlement amount, litigation of the claim will be necessary.
If you feel you have a personal injury claim which resulted in serious injury or the death of a loved one and would like to discuss your case with one of our personal injury lawyers please call us at 800-753-5359 or 806-376-8903 (Texas office) or 303-333-2200 (Colorado office) contact us. The consultation is free and if we do not make a recovery on your behalf, you owe us nothing.