We all have heard the term “personal injury.” But, do you know what all it covers. It’s essential to be aware of a personal injury and personal injury claim. Personal injury is an element of the law surrounding the physical and emotional harm caused to accidents or social wrongs victims.
If you’re a victim of an accident, you are entitled to file a personal injury lawsuit, and you can recover the damages that come under a personal injury claim. When filing for a personal injury claim, working with a personal injury lawyer in Sacramento increases your chances of getting the maximum compensation for the damages caused to you.
In this blog post, we will have all answers to the questions you have about a personal injury claim:
What is a personal injury claim?
If a person gets harmed or injured due to the negligent actions of another person, this is the case known personal injury case. When you file a personal injury claim, you use your legal rights to prove that person liable for your suffered harm and emotional damages. So, it is a legal battle between two parties if the responsible person is not ready to accept his neglect.
To win your injury claim, you will contact with at-fault person’s insurance company.
The at-fault person’s insurer should compensate you for the financial damages, suffering and pain, medical bills, loss of income, and other ongoing treatment expenses.
If your injury claim includes malpractice, the responsible person’s insurance company will pay for the medical expenses and physical damages.
When filing a personal injury claim, hiring a personal injury attorney is wise, as things can get trickier with insurance companies. You are less likely to be paid the total amount you deserve, and having a lawyer will help protect you from getting lower compensation.
What damages does a personal injury claim cover?
Both are included under a personal injury claim and bodily harm and emotional trauma.
This part is easy to comprehend regarding physical damage such as injuries and health issues resulting from accidents. But, emotional pain or suffering is a part that is not easy to document.
If you are working with an excellent personal injury lawyer in Sacramento, he will guide you on how to prove the emotional trauma you have gone through after the accident.
Here is the list of damages that are covered under a personal injury:
- Medical expenses
- Income loss during the recovery time
- Pain, emotional distress, suffering
- Effect on earning capacity
- Ongoing medical bills
- Loss of earnings in future
- damages for loss of companionship.
What is the duty of care?
The duty of care principle is that you have a responsibility not to do acts that could put others at harm.
There are a broad group of activities that come under a duty of care:
Manufacturers have a duty of care that make them obliged to ensure their products are safe to be used by consumers.
Grocery stores must ensure that customers don’t become victims of slip-and-fall accidents at their property.
All drivers have a duty of care that mandates them to avoid hurting anyone while driving.
Medical practitioners owe a duty of care to patients that they will act with a reasonable degree of care and skill.
A legal personal injury case can be filed against a person when they breach their duty of care. So, they will be judged on their duty of care.
Most personal injury cases will get resolved before they can reach court. If you’re someone who has been the victim of an auto accident case, we recommend talking to an auto accident lawyer in Sacramento to discuss your case.