Elements of a Personal Injury Claim

If you happen to get injured in Los Angeles and wants to file a personal injury claim, it would be best to know some important facts.

First you must be able to establish two things:

1. You must be able to demonstrate and prove that the other person was at fault
2. You must prove that the damages you claim reflect your injury or loss.

In establishing your personal injury claim, you also have to consider that if the other party could prove that any part of the injury you experienced was partly or wholly your fault, this would affect the outcome of your claim. Even if the other party is found to be at fault, if it appears that you did not attempt to keep the expenses and lost income at a minimum, your claim could also be reduced.

After determining who is at fault in the incident, next you have to identify which area of the tort law is applicable to your case:

• Negligence – In a personal injury claim, you have to show that your injury was caused by the negligent action of another party
• Intentional wrong – These are often cases which are the results of criminal acts and are not eligible to receive monetary damages under the law
• Strict liability – this is applicable when a defective product causes harm

Types of Personal Injury Damages
There are two main types of personal injury damages, namely: compensatory damages and punitive damages.

1. Compensatory damages - This type of personal injury claim involves a demand for compensation for demanded for any emotional or physical suffering that you might have to endure after the injury or accident. This may include loss of wages, emotional distress, pain and suffering, permanent disability, loss of profit, etc.Expenses typically categorized as special damages include:Damage to the property you own (clothes, home, car, etc.)

* Medical treatment expenses
* Loss of pay for the time you spent in the hospital

2. Punitive damages- a type of claim awarded in addition to compensatory damages which is done to deter others from committing similar action.

Special damages can be compounded by the possibility of you losing the ability to earn or continue work in the same profession as you were before the accident. Special damages will also cover the loss that you suffer if a member of your family, who is a breadwinner, died as a result of an accident.
To obtain the best relief and compensation from a personal injury claim, the best thing to do is to consult an attorney. A personal injury lawyer will guide you through the intricacies of the tort law and help you improve your chances of getting the maximum claim for your personal injury.
In order to make your case strong, you should keep all the evidences, including documents and receipts that represent these payments very carefully. The more proof you have of the expenses you incurred to recover from the injury you suffered, the better are your chances to win the claim.