What Is A Personal Injury Claim?

A personal injury claim occurs when someone has been harmed by the negligence of another party. The other party can be another individual or a company. A personal injury claim generally refers to the injured person’s attempt to recover money damages for the injuries that they have sustained. In Texas and New Mexico, the law provides that people who have been victims of a personal injury event are permitted to recover damages for those injuries, which includes the recovery of past and future medical expenses, pain and suffering damages, and loss of earnings.

What Steps Do I Need To Take In The Personal Injury Recovery Process?

If you’ve been injured, you should first contact an experienced personal injury attorney in order to better understand the process and understand what your rights are. There are time limitations which if not met, can forever bar a claim. It’s common for the insurance company involved to reach out and attempt to obtain a statement from the injured person. If the person is not well aware of their legal rights, they sometimes can jeopardize their case by answering these questions.

A personal injury claim could refer to worker’s compensation as well, which involves very specific statutory time limits, injury forms, claim reporting, and complaints. It is still important to contact an attorney to start investigating the facts and the negligent parties. Photographs, videotapes, and other evidence needs to be preserved. There’s notice necessary in many cases and very formal rules regarding claims against governmental entities. The deadline for noticing those types of claims is very short and, if not done correctly, can forever bar the claim.

What Factors Constitute A Viable Personal Injury Claim?

Whether the person who was negligent has insurance or not is always important because if they do not, it’s not going to be a viable claim. There would be no money to collect a judgment. If the person responsible does not have insurance, it’s important for the client to understand their own insurance policy to determine if they may have coverage for uninsured or under insured drivers.

The extent of the injuries is important in valuing the case and determining if it’s worth proceeding. There are many people involved in accidents who have serious injuries and don’t have insurance funds available to recover from. Early treatment is important. Insurance companies value cases based on the length of time a person waits to get medical treatment. Even if a person believes the injuries are minor, any length of time that person waits to get medical treatment will be used against them by the insurance company when they evaluate the case.

It is also important to consider the amount of evidence relating to the accident. In the case of a car accident, it is imperative to try to ensure that photographs are preserved, videotape is preserved, and witness statements are taken. The most important thing is talking to an attorney because most people just don’t know what steps need to be taken.

For more information on Personal Injury Claims In the State Of Texas, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (915) 301-7819 today.