By Mike Newell
Personal injury happens too often because it is the act of being injured through the fault of someone else. The automobile accident serves as the perfect example of what constitutes a personal injury. There is always someone at fault, while there is always a victim. Unfortunately, the victim tends to be the one injured. It is because of this that you may have a personal injury claim.
There is one question to ask, however, and that is whether or not the injury claim is valid. The attorney you consult with will evaluate every little detail that is available in the claim. These details include your statement and any evidence that you can produce. It is important that they ensure the case is solid because they don’t obtain their fee until you win a settlement. If they lose, they get no money.
There are two categories in which an injury claim can be placed. The first is civil claim, while the other is tort law. Tort claim is the most commonly pursued type of case and is divided into two elements: damages and liability.
The first thing an attorney will evaluate is whether or not the claim falls within the statute of limitations. The statute of limitations may vary based on the type of case. For instance, a car accident case may have a different statute of limitations than a defective product claim. This is because of how evidence deteriorates over time. The amount of time to file a claim depends on the laws within each individual state.
The second thing the lawyer will look at is your statement regarding the accident events. He or she will then ask you if you have any evidence to back up your injury claim. If you do, you can present that evidence. If you do not, then you can provide your attorney with ways to obtain it. If you do not know how to obtain the evidence, your attorney has ways in which he or she can.
If it is found you possibly have an injury claim, your lawyer will then pursue the process of gathering evidence. This can include recreating an accident scene, evaluating the scene, obtaining the police report, and even using experts such as medical experts to build the case. This process, however, can determine that there may not be a case. If enough evidence is gathered, then the process can move forward.
From here, the process moves on to the negotiated settlement. This is usually the desired method of obtaining compensation because it is the fastest method. If a settlement is not reached to satisfy the financial damages stated in the case, then a jury trial may be the next step. Jury trials can take a very long time because the defendant has a certain number of appeals before they actually have to pay anything and that means the judgment can change in your favor or against it each time.
So if you think you have an injury claim because you were injured due to the carelessness of another party, consult with an attorney. Since the initial consultation is frequently free, you have nothing to lose.
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MLA Style Citation:
Newell, Mike "Injury Claim And How To Determine You Have One." Injury Claim And How To Determine You Have One. 23 Jun. 2010. uberarticles.com. 3 Feb 2016 <http://uberarticles.com/business/injury-claim-and-how-to-determine-you-have-one/>.
APA Style Citation:
Newell, M (2010, June 23). Injury Claim And How To Determine You Have One. Retrieved February 3, 2016, from http://uberarticles.com/business/injury-claim-and-how-to-determine-you-have-one/
Chicago Style Citation:
Newell, Mike "Injury Claim And How To Determine You Have One" uberarticles.com. http://uberarticles.com/business/injury-claim-and-how-to-determine-you-have-one/
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