What is the Personal Injury Claim Process?
One of the most crucial steps when filing a personal injury lawsuit is to determine what caused your accident. You will need to gather the evidence to prove that someone else caused your accident and that negligence played a part. This step is tough to do on your own, but your attorney can help you collect police reports, witness statements, video evidence, and more in an effort to prove your case.
If you were injured in an accident, you will need to document all of your injuries and show that they are related to the accident. You should also get medical treatment for any injuries. If you cannot afford to pay for medical care, you may qualify for free services through Medicaid or Medicare.
Before we file a personal injury lawsuit, we may first try to settle the matter out of court. If we cannot come to terms, then we will discuss and agree on a fair amount to pursue in court. We will help you understand the different types of damages available to you. For example, if you were injured at work, you might be entitled to lost wages, medical bills, pain and suffering, and other damages.
If you’re happy with the settlement the insurance company is offering, and you believe it will cover all your losses, including future losses, then you can accept the offer and collect your money. If you don’t believe the insurance company is being fair, or if the insurer simply denies your claim altogether, you will then need to file a personal injury lawsuit and go to court if you want to obtain fair compensation.
Court filings are an important step towards winning your case. You need to prove that someone else is responsible for causing your injury. You also need to show what your economic losses are. These two steps are called “establishing liability” and “quantifying damages” respectively. If applicable, the jury will determine whether you deserve compensation for your non-economic losses and at what amount.
Filing the paperwork in court will lead you to court hearings where you (or your lawyer) will present evidence proving your accident was caused by another and demonstrate the extent of your injuries. If you win your case, the court will award you compensation for your damages, both economic and non-economic.
What Compensation Could
I Be Entitled To?
There are two broad categories of compensation (also referred to as damages) awarded in a personal injury case: compensatory and punitive.
COMPENSATORY DAMAGES
These damages compensate the accident victim for loss, injury, or harm as a result of another person’s negligence. The majority of personal injury damages are classified as compensatory. These damages are intended to make the plaintiff “whole” from a monetary standpoint.
Common examples of compensatory damages in a personal injury case include:
- Medical Treatment
- Payment of Past and Future Medical Bills
- Lost Wages
- Loss of Income
- Damaged Property
- Pain and Suffering
- Loss of Enjoyment
- Disfigurement and Scaring
- Embarrassment and Humiliation
- Loss of Consortium
Consult with one of our experienced attorneys to learn the potential value of your personal injury claim.
PUNITIVE DAMAGES
Punitive damages are an additional award beyond actual damages and are awarded to punish the defendant and deter future misconduct. Punitive damages are usually allowed by the court at its discretion when the defendant’s conduct is found to be reckless or outrageous. Juries award punitive damages in a minority of verdicts.
Duty Of Care And Negligence
Personal injury cases are usually based on two main principles: duty of care and negligence. Negligence occurs if an individual fails to adequately meet his or her duty of care, and as a result of this failure, someone else suffers injury.
To succeed in a personal injury claim you need to prove that:
- The defendant had a duty of care toward the claimant
- The defendant did not meet the expectations of their duty of care
- Not meeting the expectations of the duty of care caused the claimant’s injuries
- The claimant has suffered damages as a result
Whether the effects are temporary or permanent, personal injuries can be absolutely devastating. From physical assistance and aid to the psychological impact, the compensation you are entitled to can go a long way to improving your life and helping you through the pain and suffering you have endured.
Call a Personal Injury Lawyer Before You Talk to Insurance
You should contact us as soon as possible after leaving the hospital or doctor. If you were injured in any type of accident caused by someone else’s negligence in Philadelphia, you have a limited amount of time to file a personal injury lawsuit. The sooner you contact us, the sooner we can begin work on your case. Don’t speak with your insurance provider before you speak with us.
We offer free initial consultations and always handle cases on a contingency fee basis. That means you will not have to pay us unless we get results for you. Our office is conveniently located in Downtown Philadelphia at 1634 Spruce Street.