Are You Qualified To File A Personal Injury Claim?

Imagine driving on a highway. You are sober and not texting while driving. You’re also going under the correct speed limit.

Suddenly, a speeding truck driven by a drunk driver hits your car, leading to severe injuries.

What do you do? Do you let them be and seek medical attention before embarking on your daily business as if nothing has happened? Do you let your family experience financial challenges due to your inability to work?
Of course not! In such a case, you can seek compensation for your treatment expenses and lost wages. This process is legally known as filing a personal injury claim.

What Is A Personal Injury Claim?

A personal injury claim is when a person seeks compensation for injuries sustained due to another person’s negligence. Proving this is complicated, hence the need for hiring a personal injury attorney in Utah. With an experienced attorney, finding the necessary proof to strengthen your claim and get a fair settlement is easy.

Who Qualifies To File A Personal Injury Claim?

Anyone who has sustained injuries due to someone else’s negligence has the right to file a personal injury claim. Daily activities can turn dangerous within seconds; hence there’s no limitation as to who should or shouldn’t file the claim so long as they fit within the qualifications.
Suppose you don’t understand if your injuries qualify you to file a personal injury claim. Here’s a list of scenarios where doing it is your right:

1. Vehicle Accidents

Vehicle accidents occur daily, with most of them happening due to a driver’s negligence.
For example, causing a car accident while drunk driving or overspeeding is considered negligence, and you might be sued for inflicting injuries on someone else. In this case, you’ll be compelled to pay for lost wages, treatment, and car repairs.

Therefore, if you’ve sustained injuries from a collision and believe the other driver is at fault, you can file a personal injury claim against them.

2. Medical Malpractice

While healthcare aims at treating or containing health conditions, there are instances when a patient suffers injuries from treatments.
For example, a doctor can fail to diagnose the actual health condition and administer the wrong treatment based on their findings. In such a case, the patient might risk developing severe health issues like paralysis or wrongful death.

If you or your loved one experience something like this, you can file a personal injury claim against the doctor or the facility.

3. At-Work Injuries

Sometimes, a worker can file a personal injury claim against a company after sustaining injuries in the workplace. For example, suppose renovations are done in the office, and the employer fails to inform the workers. They can file such a claim if they sustain injuries from resulting accidents.

Also, failing to post signs indicating ongoing work can warrant filing a personal injury claim should an employee fall, slip, or get hit.

Generally, any injury sustained at work due to the employer’s negligence warrants a personal injury claim.

After How Long Should You File The Claim?

Since personal injuries result from different scenarios, there’s no one-size-fits-all approach to the timeline. However, most jurisdictions state that the party involved should be sued before three years elapses. Therefore, it’s vital to file the claim early to avoid it being terminated. Otherwise, you lose your window to gather enough evidence and hold the other party accountable.

How Do You File A Personal Injury Claim?

Filing for a personal injury claim is challenging yet straightforward at the same time. It all depends on your approach and who’s helping you. That’s why working closely with a personal injury attorney who can help you navigate the process is vital.

You must provide compelling evidence showing your injuries indeed resulted from negligence. You should also inform the other party about the claim. These are just a few steps you must follow when filing a personal injury claim.

While they seem straightforward, some actions, like negotiating the settlement, require an experienced person to guide the proceedings. Stick to your lawyer’s advice, else you won’t get what’s rightfully yours.

Get What You Deserve

Personal injury claims should be filed by people who have suffered injuries due to another parties’ negligence. Unfortunately, many people who are supposed to file personal injury claims don’t due to a lack of knowledge. In most cases, people seek treatment and go about their daily lives without seeking recompense. As a result, their families experience financial challenges, especially if the victim can no longer work.

This shouldn’t be the case. The above information paints a picture of when you should file a personal injury claim to ensure your life goes on despite the injuries. Contact a personal injury attorney to guide and help you get the aid you deserve.

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Posted - 03/20/2023