Personal injury and related claims are associated with various types of accidents. As much as you might have an idea of what a personal injury is, you might not be in the best position to unearth the essentials of the resulting claims. That said, this article looks at some important aspects about the nature of personal injury claims and what you need to do.#
Facts to know about personal injury claim
You do not have to be injured to file a claim
Most people tend to wait until they suffer from physical injury to file a claim. Ideally, for a personal injury claim to be valid, you should be in a position of proving some liability or damages results from the negligence of a third party. Moreover, you should be ready to prove that the defendant owed you the duty of care, he or she breached his duty of care, the plaintiff suffered from injuries, and the defendant was directly liable to the injuries incurred.
You might be compensated even if you might be at fault
At times, you might be the one at fault for an injury suffered. However, in some instances, the plaintiff is entitled to some compensation even when the defendant was not liable for the injury. In this regard, it is not up to you to decide, but your attorney can help you with this. If you are liable in a way, you can be compensated only that the damages awarded can be substantially reduced.
You can settle a personal injury out of court
A good number of personal injury cases are settled outside of court. Ideally, both the plaintiff and the defendant are given the option of negotiating a favorable settlement. Since attorneys representing both sides are conversant with personal injury laws, you are always assured of a fair settlement. However, if you feel the settlement agreed is not right, you can always take the matter to court.
You might be entitled to much more
In most instances, insurance companies are quick to offer you some compensation especially when they realize that they owe you more. Moreover, most of these settlements might not effectively cater for the injuries suffered. In this case, let a personal injury lawyer deal with the insurance company and ensure you get what you are entitled to.
Personal injury claims should be addressed with caution and professionalism. As a tip, san bernardino personal injury attorney can help you get a fair settlement. First, schedule a free consultation and learn more about your claims.