Will I Win my Personal Injury ClaimWill I win my personal injury claim? This is a question that you may have if you are contemplating filing a personal injury claim.
You were injured and/or suffered damages in some kind of accident that was not your fault. There was another party that caused the accident.
As a result, you have wondered whether you should file a personal injury claim for your injuries and/or damages. The thing you are concerned about is, Will I win my personal injury claim?
The first thing you really ought to do is to talk to a personal injury attorney. A personal injury attorney will evaluate your claim at no cost or obligation to you and will also advise you on whether it is in your best interests to pursue a personal injury claim.
To begin with, in order to win your personal injury claim, there has to be another party who caused the accident in which you were injured and/or suffered damages. Not only did the other party cause the accident, but the accident was due to the negligence, recklessness or carelessness of that other party.
In other words, the accident was not caused by something unavoidable or beyond control. The accident happened as a result of the negligence of the other party.
This is critical to winning your personal injury claim. The reason for this is there has to be a party or that partys insurance company from which you will receive compensation for your injuries and/or damages when you win your personal injury claim.
In order to win your personal injury claim, you have to have suffered injuries and/or damages. Obviously, if you have not suffered any injuries or damages from an accident, there is nothing to receive compensation for in a personal injury claim. Injuries and damages that most states will allow you to be compensated for include:
Loss of earning capacity
Loss of consortium (loss of a spouse or family member)
Loss of household services
Pain and suffering
Prejudgment and post-judgment interest
Attorney fees (in some cases)
Punitive damages (damages intended to deter or reform the other party)
Wrongful death damages.
There is one other thing to consider. It is the matter of collectability. If you win your personal injury claim, but the other party is not able or refuses to pay the claim, there is little that you will have gained from having filed the claim. In other words, if you cannot collect for your injuries and/or damages, there is not much point in filing a personal injury claim.
If you win your personal injury claim, the court determines that the party responsible for the accident and your injuries and/or damages is supposed to pay you an amount of money as awarded by the court. However, if the other party will not or cannot pay this amount, it will not have done much good to file your personal injury claim.
Once again, the best thing to do is to discuss your case with a personal injury attorney who will evaluate your claim at no cost or obligation to you.
Article written by James Shugart
Connect with James on Google+