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A personal injury claim is legal action pursued by an individual who has experienced harm in car or truck accidents, medical malpractice, pedestrian accidents, product defects, etc.
These claims may arise from negligence, strict liability, or intentional wrongs. Negligence, the most frequent basis, requires demonstrating that the defendant failed to meet the expected level of care. Strict liability holds the defendant responsible for harm caused regardless of intent. Intentional wrongs stem from deliberate acts by the defendant, such as battery or assault.
If you believe you have been injured due to negligence of others, call a personal injury lawyer at Regan Zambri Long PLLC today.
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In these personal injury claims, the plaintiff is the person who is injured, while the defendant is the party who the claim is brought against.
According to the Legal Information Institute, “Personal injuries include every variety of injury to a person’s body, emotions, or reputation, as contradistinguished from injury to property rights.” There are three grounds where a personal injury claim may be brought forth. These include:
If you have been involved in an accident and are now wondering what is a personal injury claim, the personal injury lawyers of Regan Zambri Long are here for you. We serve clients in Washington, DC, Maryland, and Virginia.
In most cases, you will have to illustrate that negligence from another caused your injuries and other resulting losses to determine if you have a personal injury claim.
While you may technically have a claim, not all accidents are worth pursuing outside of the insurance companies. This can cause an injury that did not cause any substantial injury or property damage, or that you were also at fault, especially if you live in a state that follows contributory negligence.
However, to prove that you have a personal injury claim, you will need to establish the following elements of negligence.
For example, if you were involved in a car accident, as the victim, you would need to prove that by driving on the roadway, the other driver owed you the duty of practicing safe driving and abiding by the traffic laws. However, the other driver was reckless and was driving while impaired. Because the other driver was impaired, they caused an accident with you. As a result of the accident, you suffered injuries and property damage.
While this may seem cut and dry, the reality is sometimes it is not.
While having a personal injury attorney who has a track record of success is critical to the success of your claim, there are other things you need to consider when pursuing a claim with the insurance companies, or a lawsuit for an accident.
One of the major components of a successful personal injury claim is that there are significant damages or injuries. In general, if you as a victim did not sustain a substantial injury, or experience large financial loss as a result of an accident, it may not be worth pursuing a claim, as there won’t be much to back up your argument.
Second, you need to be able to show the other party was liable for your injuries or losses. If you have suffered in an accident but cannot prove another party or parties were to blame, it will be very hard to recover compensation. But, if you can prove through evidence that the accident was not your fault, you are much more likely to get a satisfactory result by filing for compensatory damages.
As with any lawsuit or insurance claim, having proof that the event took place is critical to the success of your claim. However, two of the most important elements you can bring into your personal injury claim are evidence and witness testimony.
Evidence can include a wide variety of things including:
In addition to what you can collect at the scene of the accident yourself, you can also utilize the police report to illustrate how your evidence fits chronologically.
With your evidence, you’ll also need witness testimonies. Witnesses are best from the people who were present at the time the accident occurred. However, if your witness is willing to speak to the copy, but not state your legal team or the insurance companies, you’ll need to again utilize that police report.
Along with the people who were present when the accident took place, you can also call upon expert testimony such as medical providers, accident recreation specialists, etc. who have experience with the type of event you were involved in, or are connected with your care following the accident.
If you are lacking both evidence and witness testimony, it will be very difficult to have a successful personal injury claim.
Technically, you never need a lawyer when making a claim with the insurance company or filing a lawsuit. However, depending on the facts of your specific personal injury claim, it may be beneficial to have a legal team by your side.
A personal injury lawyer can help you with the insurance companies or in the courtroom by:
At Regan Zambri Long, our legal team has a track record of providing top-notch legal services to individuals who are dealing with the physical and financial ramifications of an injury. Our DC personal injury lawyers have recovered hundreds of millions of dollars in compensation for injury victims throughout the DC Metro area and can do the same for you.
If you are dealing with the aftermath of a car accident, workplace injury, or another personal injury case and are wondering if further action is required, or if you can recover compensation for your losses, Regan Zambri Long can help.
For a no-obligation, free consultation, contact the personal injury lawyers of Regan Zambri Long at 202-960-4596 or by connecting with us online to find out more about what is a personal injury claim and how we can help.
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