What is a Personal Injury Claim?
Personal injury claims can come up from many different scenarios. The most generalized description would be in cases where a person suffers an injury from an accident and someone else may be held legally responsible for the accident and the injury. Examples would be: car accidents, defective products, unsafe property conditions, negligent practices, etc. When you bring forth a personal injury claim, it can be resolved either through a formal lawsuit or, more commonly, through an informal settlement (before a lawsuit is ever filed).
Formal Lawsuit. If the injured party chooses to take a more formal route, then he would file a lawsuit. This means that the injured party would bring a civil “complaint” against the other party, be it a person, business, etc. The complaint would likely state that the other party acted in a careless, irresponsible manner in relation to the accident that caused the injury. In such cases the injured party would have the burden of establishing the necessary elements of his claim (negligence, liability, etc.) in order to have a successful lawsuit.
Informal Settlement. More often than not, personal injury claims are settled before a lawsuit is filed. In such cases both parties would be represented by lawyers and insurance companies, if applicable (for example: in the case of a car accident). The parties would negotiate an agreeable monetary value for both sides, and would then sign an agreement in which both sides forfeit any right to take further action, such as filing a lawsuit.
To know whether you have a valid personal injury claim would require an in depth understanding of the circumstances, the process and the law. If you’ve been in an accident and think you may have a claim, you should contact an experience personal injury attorney to help you evaluate your case and see whether you should pursue a lawsuit.
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Sharona Eslamboly Hakim, Esq. is a successful personal injury attorney and the principal of the Law Offices of Eslamboly Hakim firm in Beverly Hills, California.