A research made during the last five years showed that there are more than 30 million incidents of injuries attended medically. Out of that millions of injuries, over a hundred thousand people die during the same year. Injury incidents are sometimes caused accidentally and, unfortunately, intentionally. During either instance, a settlement of a personal injury claim is only just for both the victims and their loved ones.

Injury Incidents

There are several injury incidents that can be caused by several types of scenarios, which normally leads to a personal injury claim. The leading cause of injuries is negligence, which can be from: employers who fail to train and inform employees about the standard safety techniques; doctors who prescribe the wrong medication; inattentive drivers who don’t follow traffic regulations; and more.

 Each year, thousands of personal injury claims are taken to civil courtrooms. A percentage of these cases can even go on to criminal courts. During the process of a personal injury claim, the plaintiff,  or the claimant, may wish to receive compensation or settlement for several reasons including: punitive damages for mental and physical pain, medical bills, lost wages and future lost wages.

Winning Your Claim

The success of a personal injury claim lies on proving the existence of negligence on the side of the defendant. This only means that the defendant blatantly disregarded the protocols in ensuring the  physical, emotional and/or mental health of the plaintiff. Aside from that, libel and slander can also be considered as a form of personal injury. Proving the level of carelessness and inattention of the  defendant during when the accident took place is the key in winning a personal injury claim.

There are several steps you can take to determine if the defendant was negligent during the accident. These can also be factors to help the plaintiff know whether to seek professional advice or simply settle the claim outside the courtroom.

• Document and photograph all broken bones, cuts, scratches or other injuries.
• Seek medical help no matter how minor the injury may appear.
• Remember all the necessary details surrounding the injury.
• Determine the amount of damages by asking: how much money was used for the medical expenses, the lost wages since the injury, and future wage loss.
• Determine punitive damages. This can be done by taking the previous amount and multiply by three.
• Keep all the necessary evidence. Ask witnesses to provide written and/or verbal accounts.
• File a police report.
• Notify both the defendant and your insurance company about the claim.
• Seek professional help if the case with the defendant and the insurance company becomes too complex.

What to Do Before Filing Your Claim

It is important to know if you had incurred medical expenses or lost wages due to the injury before making a personal injury claim. In many situations, personal injury claims can be settled out of the courtroom, that is, if both parties wish to avoid civil hearings, which can be very costly, both time and money wise. Documenting the entire process of the settlement is important in order to avoid problems in the future.

There are several reasons why you should opt to settle a personal injury claim outside the courtroom and these include:

• To avoid costly legal fees
• The claim can be resolved faster outside the judicial system
• To avoid appeals and postponements
• To avoid extremely expensive punitive damages ordered by the court

Note that settling outside the courtroom not only benefits the plaintiff but also the defendant.