-The information provided here is not meant to be legal advice; always consult an attorney in connection with your matter. Our attorneys are available to help.
Personal injuries can be life-altering events. They can result from various accidents or incidents, leaving individuals with physical, emotional, and financial burdens. When someone else’s negligence is responsible for your injuries, you may be entitled to compensation through a personal injury claim.
Whether you’ve been involved in a car accident, experienced a slip and fall, or encountered medical malpractice, understanding the basics of personal injury claims is crucial for seeking justice.
What Are Personal Injury Claims?
Personal injury claims are legal actions that individuals can pursue when they have suffered harm due to another party’s negligence or wrongful actions.
The key principle underlying personal injury claims is negligence, which means that someone failed to exercise the level of care expected under the circumstances, leading to injuries or harm to another person.
When filing a personal injury claim, there will be two sides, both usually represented by an attorney – the Plaintiff (the injured party who is seeking compensation) and the Defendant (the person or entity allegedly responsible for the injury).
The Personal Injury Claim Legal Process
Personal injury claims follow a well-defined legal process with a number of steps and stages. At Ratsenberg & Associates, P.C., our attorneys understand this legal process and will help you through each step to ensure you have the strongest case possible.
Filing a Complaint:
The process begins with the plaintiff filing a complaint in a civil court, outlining the facts and legal basis for the claim.
Serving the Defendant:
Once the complaint is filed, the defendant is served with notice of the lawsuit and has the opportunity to respond to the allegations.
Pre-Trial Negotiations and Settlement Attempts
In many cases, both parties attempt to reach a settlement before going to trial, which can save time and costs.
Discovery Process
If a settlement is not reached, the case proceeds to the discovery phase, where both sides gather evidence, interview witnesses, and exchange information.
Trial and Judgment
If the case doesn’t settle during the pre-trial phase, it proceeds to court, where a judge or jury will hear the evidence and make a judgment.
Appeal
Either party may choose to appeal the judgment if they believe an error occurred during the trial.
Keys to a Successful Claim
While anyone can file a personal injury claim, there are certain factors that must be taken into account to maximize the chance of recovery. These are where the expertise of a personal injury attorney can really come in handy.
Ultimately, the burden of proof lies with the Plaintiff (and his or her attorney). Burden of proof includes –
Establishing Negligence
To win a personal injury claim, the plaintiff must prove that the defendant was negligent.
Causation and Damages
The plaintiff must also show that the defendant’s negligence caused their injuries, and provide evidence of the damages suffered.
Proving Liability
It is the plaintiff’s responsibility to demonstrate that the defendant is liable for the injuries sustained.
Types of Personal Injury Cases
Personal injury claims encompass a wide range of scenarios, and the specific type of case depends on the nature of the incident. Some common types of personal injury cases include:
Motor Vehicle Accidents
Slip and Fall Accidents
Product Liability (cases involving defective products)
Medical Malpractice
Workplace Injuries
The Importance of Legal Representation
Navigating a personal injury claim can be complex and challenging. Hiring a personal injury lawyer is often essential to protect your rights and interests. At Ratsenberg & Associates, P.C. our attorneys have extensive experience in handling personal injury cases and can help you navigate the complex legal process to ensure your rights are protected.
For a free consultation with the attorneys at Ratsenberg & Associates, P.C., please reach out via phone at 718-676-5757 or send us an email at [email protected].