7 Steps to File Personal Injury Claims Every personal injury case is unique in the context of the specific facts and circumstances of each incident. However, most cases follow a similar set of steps. Personal injury claims can cover medical expenses, future medical treatment as well as property damage and lost wages. Intangible damages, such as pain and suffering are difficult to calculate, but an experienced attorney can help you make sure that the responsible party is accountable for all of your losses. Statutes Limitations If someone is injured as a result of negligence by someone else party, they may make an insurance claim to receive compensation. However, it's important to keep in mind that there are legal restrictions that are known as statutes of limitations, regarding the time the victim can pursue a personal injury lawsuit. If a suit has not been filed within the prescribed time period, the victim could lose his right to receive damages. It's important to contact an experienced personal injury attorney immediately to ensure that the proper deadline is met. Depending on the state and the type of claim the statute of limitation could be between one and six years. Defamation cases and claims against minors for instance generally have a shorter time limit than medical malpractice or auto accident lawsuits. In the majority of states, a time limit for filing a claim begins to run when an injured person realizes, or should reasonably have realized that they have been injured and knew (or should have known) that somebody else was at fault. This discovery rule could make it difficult to bring an action against a government entity, since it can take longer than an average injury case to identify the cause of the harm. However, some states have rules specific to the process of discovery and it's advisable to speak with an experienced lawyer for specific details on the applicable law. Statutes of Misrepresentation A claim of misrepresentation occurs when a person gives false information to another person that a reasonable person could believe. Imagine, for example, that you had surgery and the surgeon accidentally left a piece of sponge inside your incision. The error was found within a year of the time it happened however it did not cause any symptoms or affect your health. You may be able to claim damages if you demonstrate that the error was a result of negligence. Generally, the statute limitations begins when you discover that you were injured or was aware of the harm. The law allows for an exception to the law if the person was not aware of their rights or the potential harm. A judge will decide if your ignorance was a reasonable decision. If, for instance, your real estate agent had told you that your neighbors were noisy at night, and that it could disturb your sleep but you had no reason to believe that, then you are not able to claim that you did not know this information. Insurance Coverage In many personal injury lawsuits insurance is used to pay medical bills and other expenses. Some insurance policies also provide coverage for lost income and funeral costs. These kinds of expenses are usually referred to as economic damages. The amount of these expenses is determined using many different methods. An attorney can help a client from the Palm Coast and Ormond Beach areas calculate these damages and make sure that the claim is covered by all the costs involved. If you're involved in a car crash and suffer bodily injury, the bodily liability coverage could cover a portion of your medical expenses dependent on how the insurer defines fault and if you have PIP benefits or a different no fault coverage. Certain states require this kind of insurance on your auto policy. A personal injury lawsuit can create a lot of stress for an injured party, especially when it is coupled with legal costs and other related expenses. The majority of business owners and homeowners have property damage coverage on their automobile and home insurance. This type of insurance is used to repair or replace damaged items covered by the insurance policy regardless of who is at fault. Insurance companies usually try to limit the amount they pay for these claims. It is essential to have an attorney present when speaking with an insurance company.
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