Personal injury is a tort claim that depends on two basic factors; liability and damages. If a person sustains injuries to his mind, body, and/or emotions due to someone’s negligent acts, the other person is held liable for it. Compensation can be claimed by the injured person. Generally, personal injury claim cases stem from automobile accidents, animal bites, assault, defamation, workplace accidents, etc.
Personal injury claims are dependant upon three basic factors – Negligence; Strict liability; and Intentional acts. When some negligent act of party-at-fault results in your injury, then you can make a personal injury claim. Wrongful detainment or intentionally harming you in any way gives rise to Intentional acts. Strict liability arises due to bad designing or manufacturing of a product and using that product will be dangerous.
The sum of money received for the damages occurred due to the personal injury is called compensation. The damages are of two types – General damages and Special damages. Both general and special damages can be claimed by an injured person.
- Calculation of general damages is difficult, since these damages are related to the mental and physical pain and suffering; affected lifestyle quality etc. of the injured person. Payment is done to families for wrongful death or to a person for severe injuries.
- Special damages are easy to quantify, since they are monetary in nature like repair and maintenance of property; medical expenses; lost wages etc. The injured person is compensated in financial terms.
You can make insurance claims from your own insurance company or that of the person responsible for your injuries. Mostly, these claims are settled by insurance companies without a trial.
Sometimes, if the case is complex, a person might need legal help to get his claim from the insurance company. An experienced attorney can help you get the deserved compensation.