Personal injury claims are one of the more common claims cases that are seen today, and these involve physical or emotional damaged caused to an individual. Generally these cases involve damages that have been caused by negligence on the part of a person or organization. Compensation is made for losses, both financial and those that are more difficult to quantify.

Very often these claims are the result of a traffic accident. Others occur due to accidents at work, slips and falls, assaults (which are usually accompanied by criminal charges), and in home injuries. A jury will determine whether or not the injury was caused due to negligence and then award monetary compensation accordingly. These cases are frequently settled out of court. This can be to the advantage of both parties, since the plaintiff keeps legal costs down, and the defendant avoids the potential for a much larger amount of damages to pay should the court rule against them. The longer these cases drag on, the more they usually favor the plaintiff who then has more time to build a substantial case and receive a larger payout.

Special damages are paid for losses that can be monetized. These include missed work time, especially if the person can no longer perform their career due to a sustained disability, as well as medical bills for treating the injuries. General damages include emotional pain and suffering and are more difficult to put a price tag on. These damages usually require more compensation and are the expense the defendant seeks to avoid by settling out of court. The more severe the injuries, the greater the settlement will normally have to be.

Most countries have a statute of limitations on personal injury claims. That means the injured person must file their claim within a certain amount of time from the accident. You can’t be in a car accident, and sue someone ten years later for your injuries (consult a Minnesota Law Firm).

Often times people have insurance that covers liability for their jobs and cars. This means that the insurance company will cover the settlement of the case. If this is the case, the insurance company will provide defense council since they will be responsible for any payout, and they therefore want to case to be handled as efficiently as possible. Insurance companies will also be less likely to want to cover claims of emotional damages (like a divorce in Minnesota), since they are more focused on monetary damages.


Categories: Legal

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