7 Things You Should Know About Personal Injury Claims – A Guide For Beginners

Personal Injury Law for Dummies - 10 Things To Know - Sally Morin Law

Personal injury law can be complicated, but it doesn’t have to be. Even if you’re not involved in a personal injury case, there’s still plenty you can learn from knowing how personal injury law works. To help you gain a better understanding, an Albuquerque personal injury attorney explains these seven things you need to know about personal injury law in the US today.

What is a Personal Injury Claim?

Personal injury law is a type of law that encompasses all actions involving injuries to people and their property. These injuries can be caused by accidents, negligence or intentional harm. 

When someone suffers an injury due to another’s wrongdoing, they may be entitled to compensation for medical bills, lost wages and pain and suffering. A personal injury lawyer can help you bring your claim against the person who caused your harm.

Who Can File a Personal Injury Claim?

In order to file a personal injury claim, you must be able to show that your injury was caused by another person or company’s negligence. Here are two common scenarios where you may be able to file a personal injury claim:

  • If someone hits you with their car while you are crossing the street, then this is considered negligence and you can likely file a personal injury claim.
  • If your doctor misreads an x-ray and makes an incorrect diagnosis which leads to surgical complications, then you have grounds for a personal injury lawsuit.

What Are Some Common Types Of Personal Injury Claims?

The most common types of personal injury claims are 

  • Car accidents, 
  • Medical malpractice, and 
  • Slip and fall injuries. 

For example, if you were involved in a car accident, you may be entitled to compensation for your medical bills and your time away from work. 

If you have been injured due to medical negligence by a doctor or hospital staff member, you may be able to recover damages for the injuries and emotional distress that you have suffered. 

Slip and fall accidents can lead to different types of injuries.

How Long Do I Have to File a Personal Injury Claim?

In many states, there is a two-year or three-year statute of limitations on personal injury claims. This means you have two/three years from the date of injury to file a claim. If you fail to do so, you lose your right to sue for damages related to the injury. According to a car accident lawyer in Albuquerque NM, the statute of limitations can vary from one state to another.

How to File a Personal Injury Claim?

Step 1: Contact an attorney. The personal injury lawyer will help you figure out which type of claim is best for your situation.

Step 2: Gather Evidence. To determine whether or not it’s worth filing a lawsuit, you’ll need to gather any and all relevant documentation and evidence relating to your injury and loss.

Step 3: Prepare a demand letter. If your case has merit, a demand letter will formally notify the person or company who injured you of the intent to file suit if they don’t pay up right away.

Step 4: File suit (if necessary). If they don’t respond favorably, it’s time to file a lawsuit!

What If You Are Partially At Fault?

If you are partially at fault for an accident that leads to a personal injury, such as running a red light and colliding with another car, your claim may be worth less. This is because you will only get compensation for your percentage of the total damages. 

However, if the other driver was 100% at fault and you were not involved in any way whatsoever, then you should be entitled to 100% of their assets.

Why Should I Hire a Lawyer Even If I Can Represent Myself?

You may think you don’t need a lawyer if you can represent yourself, but doing so could have disastrous effects. Hiring an attorney is not only advantageous for your case, but it’s also less expensive than taking matters into your own hands. 

A lawyer will be able to negotiate with insurance companies and know how to use evidence as leverage against them.  They’ll also be more knowledgeable of the law and be able to present your case in a way that best protects your interests. 

If you’re seeking compensation, a personal injury law firm in Albuquerque will work on getting you the maximum amount possible.

Conclusion:

It’s not always easy to know what to do when you’ve suffered injuries because of someone else’s negligence or carelessness. If you’ve suffered an injury due to someone else’s negligence, a personal injury attorney will work with you and help you obtain monetary compensation for your losses and pain and suffering. Remember to do your research before you hire an Albuquerque personal injury attorney for your case.

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