Personal injury claims are legal actions if you get hurt due to another party’s negligence. The end goal of these claims is to get compensation for the wrongful acts you suffered. However, these claims can arise from various incidents.
Depending on the particulars of your case, there could be different regulations you’ll have to follow. For instance, due to Washington’s no-fault insurance law, those responsible for the accident are liable for compensation. We visited the website of a personal injury lawyer in Tacoma to learn more about state regulations. A lawyer can guide you on all you should know about these claims.
Meanwhile, the following are some things you should know about personal injury claims and lawsuits.
Type of Claim
Various incidents can lead to personal injury claims. Common claims include car accidents, medical malpractice, and workplace accidents.
Wrongful actions include speeding, drunk driving, misdiagnosis, or medication errors by health providers. Additionally, you can pursue a personal injury claim if your employer fails to maintain a safe working environment.
While these are just a few examples, each case is unique, and you may need guidance from a lawyer to pursue the claims.
Statute of Limitations
The statute of limitations is when you should file your personal injury lawsuit. If the timeframe lapses, you cannot get help with your claim. The statute of limitations for a particular claim varies from state to state.
In many states, the timeframe ranges from one to six years. However, the court may extend the statute of limitations. For example, if the injured person was a minor, the timeframe may be tolled until the minor reaches adulthood.
For Washington, the statute of limitations for filing a personal injury claim is three years. This means victims of accidents who wish to seek compensation must file their claim within three years of sustaining injuries. So if you suffered an accident in Tacoma or anywhere else in Washington, make sure to adhere to the statute of limitation for successful claim filing.
Burden of Proof
When filing a personal injury claim, the burden of proof lies on you. You must prove that the defendant’s negligent actions led to your injury.
The burden of proof is met by gathering evidence that shows the defendant’s actions were negligent, thus causing your damages. If you fail to provide evidence, the court can dismiss your case. Working with an attorney to guide and build a solid case is ideal to avoid this scenario.
Damages
This is the compensation you deserve for your injuries. Damages can be both economic and non-economic. Economic damages, such as medical expenses, are tangible losses that the court can quantify.
On the other hand, non-economic expenses are those that are not easily quantified, like pain and suffering. Sometimes, a court may award punitive damages meant to punish the defendant.
The damages you receive from your claim will depend on the circumstances of your case. In states like Washington, any contribution to the accident can significantly reduce the claimant’s total compensation.
This is because Washington is a pure comparative fault state. According to this legal principle, liability and consequent compensation is awarded based on the role and contribution of both parties, regardless of who caused the accident.
Settlement
This is an agreement between the plaintiff and the defendant. Many settlements are negotiated outside court. You can have a present attorney negotiate on your behalf or negotiate independently.
However, it is better to have an attorney handle the settlement negotiations. They will protect your rights and ensure you receive fair compensation. They can evaluate the tabled offers and advise on which offer would benefit you most.
Trial
If a settlement negotiation bears no fruit, your lawyer can file a lawsuit to seek fair compensation. During the trial, your lawyer will present evidence and issue supporting statements to convince the court to rule in your favor.
However, this time-consuming process has yet to be guaranteed outcome. Nevertheless, if your lawyer has a solid case, it is an excellent way to seek a fair settlement.
Appeal
This is a request to have a higher court review a decision made by a lower court. If the defendant wins the trial, you may appeal the decision.
When appealing, you must show that an error in the legal process affected your case’s outcome. Only then can a higher court review the case outcome.
Contingency Fee
This arrangement allows your lawyer to get paid only when they win your case. With such an arrangement, your lawyer will work best in your interests, as they align with theirs.
However, you should review the contingency terms before agreeing to them. Nevertheless, this arrangement allows you representation without upfront costs.
Final Thoughts
Personal injury claims are a way for an injured person to seek compensation for their damages. These cases are often complex and have many laws around them. You should seek a personal injury lawyer to guide you through the legal process.
By being aware of the above constituents of a personal injury claim, you can make an informed decision on handling your case.
