Common Types of Personal Injury Claims
Suppose you are unfortunate enough to be injured in a car wreck that wasn’t your fault. In that case, you’re going to hope the other driver has obeyed the law and has at least the minimum liability insurance. Now assume the other driver does have enough insurance to cover your injuries and damages. Still, the insurance company refuses to pay all of your medical bills.
What if they challenge that the treatment you got was unnecessary, that the injuries weren’t as severe as claimed, that you already had the injuries, or that you were, in fact, the negligent party. What do you do then?
Sometimes, people hearing a low settlement offer decide the hassle isn’t worth it. They accept the low bid, sign a release, and learn to live with the bitterness of being mistreated.
Before the curtain drops on such a tragedy, many people wisely seek the counsel of a personal injury law firm in Las Vegas. But what is a Las Vegas personal injury lawyer going to do that the insurance company didn’t — or wouldn’t? A lawyer will look at your claim with fresh eyes and based on the evidence.
Common Personal Injury Claims
A car wreck may be the most common example of a personal injury, but it is far from the only model. Other types of personal injury claims include:
- Medical Malpractice
- Hotel and Casino Injuries
- Trip (or Slip) and Falls
- Premises Liability
- Products Liability
- Wrongful Death
- And many more
Personal injury claims fall under personal injury law, also called tort law. It exists to protect you if you or your property are injured or harmed by someone else’s actions or failure to act. A successful tort action — personal injury claim — results in the person or entity who caused your injury or harm compensating you for your losses.
A tort is an act or omission causing injury or harm to another. It rises to a civil wrong for which courts apply liability.
Tort law primarily aims to relieve injured parties from harm caused by others. It imposes liability on the parties responsible for the injury. It may also deter others from committing similar harmful acts. Typically, a party seeking compensation through tort law asks for damages in the form of money.
Compensation in a Personal Injury Claim
In most personal injury cases, a court awards compensatory damages to an injured party that has successfully proven their case. Compensatory damages typically include:
Medical bills and expenses for care
- Lost wages
- Property loss
- Pain and Suffering
- And more
Courts may award damages for incurred and for expected losses. When a person’s ability to earn a living becomes negatively impacted by a personal injury, re-training and job replacement may be necessary.
Some victims of personal injuries suffer long after the event that injured them. Emotional distress, loss of enjoyment, and loss of consortium or companionship are compensable categories. Making these claims depends on a thorough knowledge of personal injury law, how insurance companies operate, and thorough case documentation. Only an experienced injury lawyer in Las Vegas has the resources and ability to fight for your total compensation.
What It Takes to Win a Personal Injury Claim
It doesn’t matter if your injury is caused by another driver, a doctor, a business, or a product. Presenting your claim requires getting your ducks in a row from the beginning. Those ducks include:
1. Evidence: Without it, you don’t have a case. Evidence can include medical records, photographs, reports, such as police reports in the case of a car wreck or a slip and fall in a store, video, and more. A personal injury law firm in Las Vegas can help gather all of the evidence you need to make a winning personal injury claim.
2. Witnesses: It is vitally important to be able to corroborate how you were injured. Witnesses include those who saw the car wreck, the water on the floor where you slipped, medical experts who challenged a procedure or diagnosis, or friends and family who suffered with you during rehabilitation.
The importance of evidence — and witnesses are another form of evidence — is that good and thorough evidence proves that the at-fault party (the defendant) was negligent. Establishing that a defendant was negligent requires four elements:
1. Duty: The defendant owed the injured party a standard of care.
2. Breach of Duty: The defendant failed to use the standard of care required.
3. Causation: The defendant’s actions conduct resulted in the injury.
4. Damages: As a result of the defendant’s actions, the injured party suffered actual loss or damages.
Regardless of your injury circumstances, The Schnitzer Law Firm‘s skilled and experienced personal injury attorneys are ready to champion your claim. Call the number below any time day or night to request a FREE consultation.
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Get more information about The Schnitzer Law Firm by visiting online at https://theschnitzerlawfirm.com/ or calling (702) 960-4050.