subject: Personal Injury Claims - Know Your Rights [print this page] Personal Injury Claims - Know Your Rights
The accident happened when you least expected it and you suffered due to a mishap that was not your fault. It can get very frustrating, especially when you do not have the means to take the case up and the un-measurable losses you face because of the injury caused on your person. This is where insurance companies offering Personal Injury Claims services step in. Managing and pursuing the claim and getting the justice due, becomes the job of the Insurance Company.
A personal "personal injury" happens when you suffer a mental, physical or monetary loss on your person due to someone else's negligence or harm caused intentionally. The claimant, or plaintiff, can claim damages, medical expenses, time and wages lost directly due to the accident, emotional and mental suffering undergone, and even compensation for the future suffering she may have to undergo as a direct consequence of the accident. Valuation of all these claims is completely taken care of by the Insurance Company. Many a times such cases become very complex, especially when there are multiple claims in one case. Hiring a lawyer to take care of such cases becomes inevitable. The insurance company takes care of this aspect too.
Most commonly personal injury claims are in cases of road traffic accidents, tripping accidents, accidents at work, assault claims, product defect accidents (known as product liability), accidents in the home, and holiday accidents. Occupational diseases like asbestosis and bronchitis are also covered under these claims. The valuation of such claims is done in accordance with set guidelines. Once the fault of the "at fault" party, or the defendant, is proven, which in itself is a complex task, the percentage of fault in the accident by each party is determined. The compensation calculated by adding damages, expenses and loss of income is reduced by the percent by which the claimant was at fault. After all negotiations are complete, the compensation is made to the claimant.
In actual scenarios, after the plaintiff files the Personal injury Claims lawsuit and the deadlines are set by the court of law, the defendant's insurance company may try to manipulate an ocean of information about the claimant in order to come up with a compensation amount that is much lower than what could be considered fair. Thus, having a competent lawyer to back your claim and ensure a fair compensation is important.
It is important to know the rights that you have if you suffered injuries due to someone else's negligence and lost out on income, precious time, and mental peace as well. Ensure that you get the right assistance in your case throughout the whole process.
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