What Qualifies as a Personal Injury Claim When in an Auto Accident

Car accidents can be scary, painful and traumatizing. And they can also be expensive. Florida had 281,340 crashes in 2012 alone, 198,032 of which resulted in injuries. The average economic cost of an injury from an auto accident in 2011 was $78,700. So if you’ve been hurt in an automobile accident, you’re probably going to file a personal injury claim.

What is a personal injury claim?

A personal injury claim is a civil claim which relates to physical or mental harm suffered by a claimant, due to the defendant’s alleged negligence. Negligence can occur when a person or a corporation, acting through an employee, either acts or fails to act, in a way that another reasonable person would or would not act. This includes breaking any laws or internal guidelines put in place for safety purposes.

For example, John runs a red light because he is late for work and rear ends a car at the next stop light, spraining the driver’s neck. John would be accountable for negligence.

In a personal injury dispute such as this one, the Plaintiff (the driver who was injured) will need to demonstrate that:

· As the operator of a car on public streets, John owed all other drivers a legal duty to drive with reasonable caution under the circumstances.

· By running the red light, John failed to fulfill or “breached” that legal duty.

· In failing to fulfill his legal duty to drive with reasonable care under the circumstances,

John caused his vehicle to collide with the Plaintiff’s car, and due to the collision the Plaintiff suffered injuries.

On the opposing end, there is comparative negligence, which declares that a Plaintiff’s actions were negligent and directly contributed to the harm suffered by the defending party.

For example, if John did not run a red light, but rear ended a car and caused an injury because the driver was texting and driving and swerved into his lane, the driver would be the negligent party in this situation, not John.

A personal injury is an injury to your body, mind or emotions. It is not an injury to physical property. Personal injury covers physical harm, such as broken bones, bruises, or any serious injury sustained in an accident. It also includes the emotional and psychological injury you experienced as a result of trauma sustained through a humiliating or life-threatening experience.

How do you prove your personal injury claim?

When it comes to proving your personal injury claim, you have the burden of proof. As mentioned before, you must prove negligence in your case against the Defendant (the person who caused the accident), which caused your injuries, in order to make your personal injury claim.

If your injury was caused by a defective product, we look to the “stream of commerce.” Whomever causes the defective product to “enter the stream of commerce” can be held liable for harm caused by the defect in that product. This includes not just the manufacturer, but also suppliers, retailers, distributors, and assemblers of component parts which go into the finished product.

Take, for example, our success in a wrongful death case caused by a defective marine steering system. We were able to place liability on the local retailer that our client bought the defective product from, the national supplier, and the Italian manufacture.

Also, in order to prove your personal injury, you must continue your medical care with a physician or specialist after your initial emergency room visit. You must keep up with your appointments and treatment plans, and be prepared for the claims adjuster to request copies of your medical files related to the accident. You might be asked questions such as:

· What’s your physician’s name and contact information?

· Are you still under the care of a doctor?

· How many doctors have you seen? Have you seen any specialists?

· What were you treated for? Are you still being treated for that diagnosis?

· What kind of treatments have you received?

· Do you have a history of pain or injury to that same body part?

· When was the last time you were treated for pain or an injury to that body part?

· Do you have any residual injuries or pain?

These questions can get a little tricky, so for best results when filing a personal injury claim, contact a personal injury attorney. Always remember you have a time limit for filing a personal injury claim after your accident as well. Make sure you know the statute of limitations for your state. Generally, the Florida Statute of Limitations for an injury due to negligence is 4 years from the date of the accident.

Have more questions? Call 888-975-1110 to speak with a personal injury attorney from the Hancock Law Firm for your free, no obligation telephone conversation. Our phones are answered 24/7. Or you can reach us by email.