Knowing The Ins Of Making A Claim Through Lawrenceville GA Personal Injury and Car Accident Lawyer


04 Dec

As in any other country, a personal injury claim makes up a significant fraction of insurance and lawsuit claims. Personal injuries is an umbrella category that covers injuries incurred inside school premises, slip and fall accidents within both public and private properties, injuries incurred from motor vehicle accidents, and compensation claims for defective or harmful products.

Liability

All compensation claims revolve around the concept of liability. In simple terms, a person or a party is liable is s/he is found guilty of causing the injury, whether consciously or out of negligence.

In theory, both the injured party and the property owner are responsible for the incidence of the injury. In court, the injured party needs to prove that s/he took all measures possible to avoid hurting him/herself. If the accident was proven to be a set-up, or if it was caused by the injured party's negligence for personal safety (i.e. ignoring warning signs, or intentionally driving under the influence of alcohol) s/he won't be given ample compensation.

On the part of the property owner (e.g. grocery owners), s/he will need to prove that the accident wasn't caused by his/her negligence to make the property safe for his invitees and licensees (social guests). In cases of slip and fall claims due to wet floors, the property owner needs to establish that s/he had set up warning signs of the hazard. Wet floors which have been left unattended for longer than five minutes, without any warning signs whatsoever, can be grounds enough for a strong slip and fall claim.

In many instances, where the liable party is insured, the compensation for personal injury damages may be partly or wholly covered by the insurance policy.

Compensation coverage

Compensation for a personal injury claim covers both non-pecuniary and pecuniary damages. Non-pecuniary damages are also called pain and suffering. These are physical or psychological damages which cannot be calculated readily.

Pecuniary damages are more tangible damages which can be given monetary values readily. This includes hospitalization, property damages, loss of salary, and other future damages which can be incurred due to prolonged or permanent injuries. Personal injuries which disable the injured party from performing his/her current job permanently usually amounts to a high compensation claim. Medical evidence, and in some cases economic opinions, are brought to court to support this claim.

Injured parties who are breadwinners can also claim for salary support for his/her dependencies. This is, of course, only applicable to injured parties with children below 16 years of age.

Exceptions

Pain and suffering claims can't be made against drivers or owners of motor vehicles unless the injury includes scarring or permanent disfigurement and permanent and severe impairment of the injured party's physical and/or psychological functions. Check this website at https://caininjurylaw.com/ for more info!

The injured party can, however, demand compensation pecuniary damages including loss of income.

Limitations

Personal injury claims at https://caininjurylaw.com/personal-injury-attorney-lawrenceville-ga/ need to be filed as soon as possible. If your injury claim was made later than the qualifying period under the law of the court, it would be declared null and void.

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