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What Do You Have to Have for a Personal Injury Claim?

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Posted On 06.11.15 by in Blog

What-Do-You-Have-to-Have-for-a-Personal-Injury-Claim

Personal injury claims can cover a wide variety of different issues and accidents. Because of the scope of such cases, they can also be quite confusing. For example, many people don’t know what it takes to actually bring a personal injury case in front of the court. If you are injured in an accident, you cannot just blame someone and get money. It doesn’t work that way. There are three basic types of claims which you must understand in order to provide information, either that you have gathered or that your attorney has found, to the court. Let’s go over what it actually takes to raise a personal injury claim.

Three Bases for Claims

To begin with, you need to understand the three bases for personal injury claims and then you need to makes sure that your incident fits into one of these categories:

  • • Negligence – Essentially, you have to prove that someone fell through in their duty to provide a safe environment. They had to have known about the dangerous situation to be negligent. This means they had reasonable time to know about it and chose to not take action.
  • • Liability – This is a common type of personal injury case that often involves products. There could be defects in a design of a product that caused harm and this is strict liability.
  • • Intentional Act – There are certain situations, although rare, that show how someone intentionally hurt you. Common intentional acts could include false imprisonment or assault.

So, one of the first things you will need to do is determine if your accident falls into one of these categories. Remember that it will fall on you and your attorney to prove liability or negligence. For example, if you tripped and fell while walking through a store, you have to show that there was a reason, like damage to the floor, slippery conditions, debris on the floor, etc. If you cannot prove liability, such as if you just simply tripped over your own feet, you will have a very hard time making a case.

Choosing an Attorney

A big part of your chances in a personal injury claim will be you attorney. You need legal representation who is able to follow up with claims, get expert testimony, and use evidence to show that someone else is responsible for your accident. It can be confusing and difficult to prove. For that reason, you will need to ensure that you choose an attorney who has experience with personal injury cases.

Personal injury claims are not as simple as making a claim and getting money. You do need to understand that there is much more to the process and you do have to make sure that your accident falls into one of the three categories of claims. Then, you need to make sure you get an attorney who will represent you properly. A personal injury case is not something you can handle on your own, so make sure you get quality representation and, that way, you will know that your rights will be looked after throughout the whole case.

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