Each year, thousands of people experience serious injuries that lead to significant losses ranging from job wages to physical mobility, or even life itself. Anyone who suffers losses like these may consider filing an insurance claim for compensation. However, it is important to understand the nature of injury law before accepting a settlement offer or filing a lawsuit.
1. Damages must be substantive and confirmed.
Accident-related injuries should be documented medically in the ER or by a medical professional with appropriate credentials. A person who claims to have unrelenting headaches will need a doctor’s evaluation and diagnosis to confirm the problem in order to be considered for legal compensation. Surface issues like scrapes or burns may need to be linked to impaired daily activities or job performance, while deep tissue, bone, or muscle problems, along with emotional or psychological distress, should be corroborated by the relevant experts. The victim may also keep a personal journey to document symptoms, treatment, and changes in condition ensuing from the date of the accident or malpractice.
2. Negligence must be linked to carelessness or faulty performance.
An injury that stems from tripping over a crack in the public sidewalk may be harder to prove than an error committed by someone who is responsible for maintaining walkways and parking lots owned by a specific company. Much depends on the circumstances of the accident, but details will need to be documented as objectively as possible by those who supervise or control the factors in question. A doctor or professional who fails to follow the prevailing standards in his or her industry or who falls short in professional practice, which leads to or contributes to a person’s injury can be held accountable, from a legal standpoint.
3. Evidence must be clear and convincing.
Records, reports, and other documentation needs to be objective and clear without confusion or the possibility of misinterpretation. The victim should review all documents to ensure accuracy at the time they are provided, and clear up any discrepancies before using them in support of a compensation claim. Wrong dates, names, diagnoses, treatments, or appointment times can compromise the integrity of a report, so it is important in injury law to ensure all documents are accurate and up to date, both during a medical visit and afterward.
4. Time limits must be adhered to.
A statute of limitations controls timelines for filing an injury claim. It is essential that timelines be followed to avoid losing the opportunity to file a claim. Injury law is very precise in governing the claim process. Anyone who plans to file a claim for compensation should be aware of the state’s timelines that pertain to each step of the process. Missing a deadline means that the claim may not be considered for settlement or court trial.
For these and other reasons, it may be helpful to consult injury law attorneys for more detailed information. Expert assistance can help to reduce risks and optimize the chance of a successful claim for those who are less familiar with personal injury law.