What You Need to Know About Personal Injury Claims?
In California torts law, personal injury is the technical term used for injuries suffered by a victim of negligence accidents relating to the following:
- a. Traffic accident - car accident, bicycle accident, motorcycle accident, pedestrian accident or even bus accident, truck accident or train accident,
- b. Premise liability accident - slip and fall accident, trip and fall accident, fitness and gym injuries, dog bite, personal injury or construction accident; or
- c. Other accidents - boating accidents, animal attacks or aviation accidents.
How Accidents Happen?
In traffic accidents, the general cause of personal injury to victims result from driver negligence, lack of competence or training, negligence in the maintenance and repair of trucks, driving under the influence of alcohol or other substances or driving while very sleepy or tired.
What Should You Prove in Personal Injury Claims?
Just like in any other tribunal, the one who seeks compensation needs to prove his claim. In case of personal injury claim you need to prove the following:
- a. The accident actually happened,
- b. The other party is obligated to provide due care but fails to provide due care as mandated and
- c. You suffered damages, injuries and losses as a result.
Personal Injury Damages You Can Claim
- a. Property damage - relating to the repair or replacement of your vehicle, including reasonable amount for rental and storage fees or the value of your personal belongings damaged due to the accident;
- b. Actual medical costs – this relates to your examinations, evaluations and treatments, including surgeries and post-operative care;
- c. Future medical care – this depends on the recommendation of your treating physician;
- d. Lost earnings – this is computed based on your rate of compensation and he days you are absent because of the accident;
- e. Pain and suffering – this takes care of your emotional pain and psychological trauma; and
- f. Punitive damages – this is payment by way of penalty against the negligent party and as deterrent to others.
Seek Legal Help for Your Personal Injury Claim
Don’t negotiate your claims on your own because you will surely lose. You don’t have the technical and legal skills to obtain the best compensation you deserve. This is why, for all your personal injury claims, seek legal help from Mesriani Law Group who are aggressive and diligent in pursuing personal injury claim as well as compassionate towards all personal injury victims.Written by: Richard Clarin Published by: Personal Injury Law Articles Copyright holder: Mesriani Law Group on