Personal Injury Claims: Myths and Facts About Recovering Damages

Anyone who has sustained injuries caused by the negligence of another individual can recover damages by filing personal injury claims.

According to law, such legal claims are often used by people to recover both economic damages (e.g. loss of wages, hospital bills, diminished or complete loss of earning capacity) and non-economic damages (e.g. emotional anguish, pain, and suffering).

To have a better understanding, here are the myths and facts about personal injury claims:

Myth: Personal injury lawsuit is often tedious that involved parties have to wait years for the court ruling.
Fact: Usually, the aggrieved party will receive compensation within one year after filing personal injury claims. But in some special cases where the dispute is much complicated, it would take more than a year or so.

To avoid lengthy and expensive court battle, involved parties usually resort to out-of-court settlement where defendants usually pay the victims before the judge announces his ruling. According to lawyers, out-of-court settlement is usually better than litigation.

Myth: Victims have to pay expensive attorney’s fee or else they will not get any legal service.
Fact: There are many lawyers nowadays who agree with “no win, no pay” arrangement which means that victims can have a legal service without having to pay their lawyers, unless they will receive a settlement from the defendants.

Myth: The injured party can demand any amount of settlement they want.
Fact: The nature and extent of the injuries and the losses suffered by the injured victims will determine the amount of compensation they will receive. In computing the damages, economic and non-economic losses will be considered.

Myth: It is ok to file personal injury claim which is more than the amount of real damages.
According to lawyers, demanding an outrageous amount of personal injury claims may weaken a case because it may show that the alleged victim is only filing a lawsuit to make a profit out of this. This means that people should only ask the rightful amount of compensation to recover damages.

Meanwhile, a court may grant victims with punitive damages, which is more than the amount of the real damages. This compensation aims to deter companies from being negligent and to discourage others from committing the same reckless act.

Myth: Injured parties automatically recover damages even if they are “at fault”.
Fact: In some states, if the injured victim has contributed to his injuries (called as contributory negligent), he may not recover claims. However, in California and in most states, comparative negligence is used to determine if the monetary award is justified or not.

According to lawyers, comparative negligence considers the degree of carelessness and recklessness of the involved parties, allowing the court to decide if the injured victim really deserves to be compensated.

Myth: Victims can file personal injury claims any time they want.
Fact: In personal injury claims, victims should consider the statute of limitation which is the deadline in filing claims. In California, people should file their case within two years after the alleged negligence happens. However, a court may extend the deadline in some special cases.

Our expert Los Angeles personal injury claim lawyers are experienced in handling personal injury cases. For consultation, visit our website and avail of our free case consultation.

An Injury Felt by Law

Injury is damage or harm caused to the structure or function of the body caused by an outside agent or force, which may be physical or chemical. Injury may also refer to injured feelings or reputation rather than injuries to the body. Some injuries are sometimes caused by external forces that are intentional or inflicted by an entity’s irresponsibility. These injuries are more commonly called as personal injuries.
A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident or medical malpractice.
The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. Indeed, there are a multitude of types of accident and the term personal injury also incorporates medical and dental accidents and conditions which are often classified as industrial disease cases.
Industrial disease type cases include asbestosis and mesothelioma, chest diseases, vibration white finger, occupational deafness, occupational stress, contact dermititus, and repetitive strain injury cases. Visit the North Carolina personal injury lawyer for more information about personal injuries.
Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury.
At least in the United States this system is complex and controversial with critics calling for various forms of tort reform. Attorneys often represent clients on a "contigency basis," in which the attorney does not charge for services until the case is resolved. Learn more of this with the North Carolina personal injury lawyer.
Tort reform refers to the idea of changing the rules applicable to the law of tort. Tort deals with compensation for wrongs and harm done by one party to another's person, property or other protected interests. The most contentious area of tort, and the area on which tort reform advocates focus is personal injury. For more information about personal injuries and legal remedies involved in it, then visit the North Carolina personal injury lawyer for more information.