Accidents happen, but not every accident case qualifies for a personal injury claim. So, what differentiates a typical injury from one that warrants filing a personal injury claim? The latter results from someone else’s carelessness, intentional act, or failure to act, while the former has nothing to do with negligence.

A personal injury case involves more than getting injured. You must prove the involvement of the guilty party in your predicament; to do so, you’d require a personal injury lawyer’s expertise.

Meanwhile, following an injury, many wonder if they are eligible for a personal injury claim or not. You and your attorney must be able to prove some things to file a personal injury lawsuit. Stay tuned to discover what they are and other relevant information regarding personal injury cases.

Requirements for Personal Injury Claims

Cementing your right to file an insurance claim or a personal injury lawsuit involves your attorney proving that:

The at-fault party was careless. For instance, if a reckless driver ran a stop sign and crashed into an innocent individual’s car, the driver, under the law, is liable for the damage.

Another person’s negligence caused the personal injury. Say the crash victim in the above example sustained serious injuries; it’s evident that the reckless driver’s negligence led to the personal injury.

The injury led to harm (compensatory damages). In the above analogy, if the victim’s injury results in medical bills, lost wages, and pain or suffering, it’s considered that the injury will result in compensatory damages.

If you and your lawyer have evidence that proves the at-fault party’s negligence, your lawyer can determine if you have an injury claim that entitles you to compensation.

Criteria for Considering Damages and Proving a Personal Injury Claim

Past, Current, and Future Medical Expenses

Following an injury, you may have footed some medical expenses. The current and future payments are all costs that a personal injury claim can cover. You’ll have to show proof of these expenses via your medical records. Remember that you’ll need your treatment doctor’s documented opinion to prove your future expenses.

Witnesses and Photographic Evidence

Today, most people have a cellular device on almost every time. Take advantage of the piece of technology in your hands. Capture photographs of the scene where you were injured. Whether it’s a car accident or a case of a slip and fall, get the information of witnesses alongside the pictures.

Changes to Your Earning Ability Due to Your Injury

A damage claim due to personal injury may feature the loss of future earnings, and here are some factors considered in determining how your injury affects your earning potential:

• Professional skills and acquired training.
• Occupation
• Age and health status
• Value of services provided
• Disability affecting earning capacity

Even if you aren’t working at the time of the injury, your attorney may still be able to help you with a claim for loss of potential future earnings. Ensure you maintain a healthy attorney-client relationship to get the best of your injury claim.

Any Damage to Property

Regarding personal injury claims, lost or damaged property qualifies as “tangible losses.” Perhaps you’re involved in a car accident and need a new car or significant repairs; you’re eligible to file a personal injury claim.

In case you lose a piece of jewelry, electronics, or other valuables during the injury, collect the receipts of repairs or replacement for proper documentation for a successful personal injury claim.

Time Lost from Work

When filing an injury claim, time lost from work starts to count the moment you sustain the injury. If you miss any work time—time spent at the emergency room, undergoing physical therapy, or honoring medical appointments—you can include the information in your claim.

Funeral Expenses

On average, a funeral costs between $7,000 and $10,000. Unexpected funeral bills may be a financial burden for the deceased’s family. If your loved one died from injuries sustained due to someone else’s negligence, you could recover the cost of the funeral expenses by filing a personal injury claim.

Steps to Take Following an Accident

Get Medical Treatment

One of the most important steps following an accident is getting medical treatment. If you feel hurt, visit the emergency room or schedule an appointment with a doctor.

Speak to a Personal Injury Lawyer

For anything beyond a minor claim, it’s advisable to consult an experienced attorney. However, you can handle a small injury claim yourself if you’re confident you’ll get a satisfying result. Keep in mind that you may encounter challenges while dealing with the guilty party’s insurer.

Types of Injury That May Warrant a Personal Injury Compensation

Remember that for you to qualify for a personal injury claim, the accidents that led to your injuries or suffering must be a result of negligence, and below are some examples:

An auto accident caused by reckless or distracted driving

Falling from icy residential or commercial steps

Suffering a physical assault due to faulty security

Suffering a bite from a neighbor’s dog

Medical malpractice

What Can I Seek Compensation for?

The damages you can sue for depend on the severity of your suffering or injury. For instance, if an individual sustains a spinal cord injury from a car accident, they may require lifelong medical care, medication, and home improvements that ease their mobility.

Most personal injury victims qualify for compensation for:

• Physical disability
• Property damage
• Lost wages
• Pain and suffering
• Medical bills and more

How Does a Lawyer Determine My Injury Claim Value?

Before filing an injury claim, your attorney will thoroughly investigate your injury case to determine your claim’s value. A typical claim value is realized based on the following factors:

• Pain and suffering
• Past, current, and future medical expenses
• Current and future lost wages
• The injury impact on the victim’s lifestyle and ability to work.

Contact J.P. Ward & Associates Today, Let Us Help You Win Your Fight

Accidents are life-changing situations. They can knock an individual down with the unexpected. Perhaps you’re suffering from an injury due to another’s negligence in Pennsylvania, don’t wait until the guilty party of their insurance company acts; contact us at (412) I – AM – HURT. Let us fight for you.