An injured person, of course, wants to recover financial compensation for their medical expenses following an accident caused by a negligent person or entity.
Defining a Personal Injury
When an accident occurs, you always risk being injured. Accidents come in many forms, from car collisions and slips and falls to defective products, dog bites and medical errors. A personal injury occurs when your accident injury is caused by an intentional or reckless act by another individual or entity. In order to place a claim for compensation, evidence is gathered against the party who is at fault.
Compensation recovered for the injury is often through your insurance company. However, if the insurance company does not pay a sufficient amount to cover the injured party’s medical bills, wages that were lost from being unable to work and for their pain and suffering, the civil court can resolve the discrepancy. The following contains information about personal injuries, the time limit to file and additional aspects, and how a personal injury lawyer assists you in getting the compensation you need.
Personal Injury Claims Include More Than Just Physical Harm
An injured person, of course, wants to recover financial compensation for their medical expenses following an accident caused by a negligent person or entity. However, other types of injuries to that individual occur in some people such as:
- Emotional trauma: It isn’t unusual for an injured person to suffer emotional trauma following an accident. Accidents cause stress and anxiety, and for some, it extends to sleeplessness, nightmares and panic attacks. According to the National Institutes of Health, about 40 percent of crash survivors develop phobias, which can include the fear of riding in a vehicle, being involved in another crash or returning to the place where it happened. Some injured parties develop post-traumatic stress disorder, which requires professional treatment.
- Pain and suffering: For many, suffering an injury deprives the person from enjoying their life the way they did before the accident, especially if it causes some type of disability. For example, if the injured person liked to go hunting, skiing or running and can no longer do so, it affects their enjoyment of life.
Resolving a Personal Injury Claim
There are two ways to resolve a personal injury claim as follows:
- Settling with the insurance company: The vast majority of personal injury claims are through your insurance company. The lawyer representing you negotiates with the insurance company to reach an agreement that is fair. However, the limits of your policy influence the outcome. If the amount is insufficient, a settlement needs to be made with the at-fault party.
- Filing a lawsuit: If the insurance company does not provide a fair settlement to the injured party, the claim can be presented in civil court against the defendant, whether it is an individual, business or government entity.
Recoverable Damages in a Personal Injury Claim
Recoverable damages by the injured party against the person or entity that caused the accident include economic and non-economic damages such as:
- All medical expenses, including ambulance, hospitalization, physicians’ bills, testing, medication and rehabilitation
- Lost wages, which includes bonuses and other benefits of the job
- Pain and suffering, which include compensation for the physical and emotional pain caused to the injured party
- Loss of consortium
Roeser Law Firm
When you suffer an injury due to a negligent entity, you need the insight an experienced personal injury lawyer can provide. Call the Roeser Law Firm to schedule a free case review. We will answer your questions and give you your options moving forward. Phone us at (202) 660-4070 or reach out to us online.