subject: Injury Claim And How To Figure Out You Have A Case [print this page] Injury Claim And How To Figure Out You Have A Case
When you are injured through the negligence of someone else, you are the victim of a personal injury. Automobile accidents are prime examples of a personal injury because at least one party is at fault. In these cases, the victim is almost always hurt in one way or another. Being injured due to the carelessness of someone else means you could file an injury claim.There is one question, however, and it is whether or not you have a valid injury claim. Visiting an attorney can help determine this because the attorney evaluates evidence, in addition to your own statement, to determine if there is a case. Because many attorneys do not require payment up front for their services but rely on you winning a settlement so that they get paid, they must ensure that a win in the case is possible.When a claim is filed, there are two categories in which it may be placed: Tort law or civil claim. Tort law is what is pursued the most because there are two very important elements and they are liability and damages. These are the areas where compensation is determined.Once you are sitting in the office of the lawyer, he or she will ensure that the claim falls within the statute of limitations. Different injury types may have a different statute of limitations. An auto accident is not going to have the same amount of time to file as a slip and fall accident. The state in which the accident took place also makes a difference.The next thing the lawyer will evaluate is your statement of events. You will then be asked for any evidence to support the injury claim. If you do have evidence, then you can present that evidence. If no evidence exists, then you can tell your attorney how they can acquire it. If you do not know how to tell your attorney how to acquire it, he or she knows of ways in which they 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 this point, the negotiated settlement is the next step. This is the preferred method of obtaining compensation because it is quick. If an agreement cannot be reached to compensate for financial damages, a jury trial may be next. Jury trials are time consuming an the defendant has the right to appeal multiple times. Each time a judgment is handed down, it can change.So if you have been injured due to the negligence of someone else, you may have an injury claim that could lead to compensation for the damages you have incurred. Consult with an attorney because initial consultations are usually free. This means you have nothing to lose.
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