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The 4 Main Elements Of A Personal Injury Claim

2 October 2020

Deann Miles

If you're interested in personal injury services, it's a good idea to understand what the main elements of a claim are. Here are the four biggest components of a claim.

Serious Injuries

The core of a personal injury case is evidence that you were hurt in a way that called for medical attention. Bruises and abrasions don't usually suffice unless the damage from them goes deep enough to justify medical care. Likewise, victims must seek medical attention as soon as possible after an incident. Otherwise, there may be questions about whether the injuries detected are tied to the incident in question.

Bear in mind, though, that the injuries don't necessarily have to be expensive to deal with. A case might involve something like $10,000 worth of injuries rather than millions. The important thing is that you needed and sought medical care.

A Defendant

American law requires a party that's liable for the injuries for a claim to be payable. If your injuries were predominantly the product of natural forces, such as the weather, that may be an argument for rejecting the claim. Also, you might have to lean on your medical insurance to cover injuries if you can't identify the party that harmed you.

Liability

Some sort of legal logic has to point to the defendant as the liable party for your injuries. For example, a person who suffered a slip-and-fall accident in a movie theater might point to premises liability. This is the duty of businesses that are open to the public to prevent visitors from being harmed by things like lack of maintenance.

Understand that a party's presence while an incident does not presuppose liability. If a random person saw you slip and made no effort to help, for example, that person is almost certainly not liable. Liability typically requires a relationship between the defendant and victim, even if it is a short-term one for business purposes. Some highly dangerous activities, though, may presuppose liability.

Documentation

A personal injury lawyer has to assemble what's called a demand package. The demand package usually goes to an insurance company, but it might go directly to the defendant if they're uninsured.

Every demand package needs to include supporting documentation. For example, the insurance company will want to see the reports from the doctor who treated you immediately after the incident. If first responders like police, EMTs, or firefighters were present at the scene, their reports should go in the demand package, too.

Sometimes a personal injury attorney will also include statements from experts. Contact a personal injury attorney for more information 

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