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7 Steps to File Personal Injury Claims

Every personal injury case is unique dependent on the specific facts and circumstances of each incident. Most cases follow a similar pattern.

Personal injury claims pay for medical expenses, future medical treatment, property damage and lost wages. Intangible damages like pain and suffering are difficult to calculate, however an experienced lawyer will help you determine if the person who caused the injury is responsible for all of your damages.

Statutes Limitations


When someone gets hurt due to another person’s negligence the victim can pursue compensation from the responsible party through an insurance claim. It is important to note that there are legal limits on how long victims have to file a lawsuit for personal injury.

If a lawsuit hasn’t been filed within the prescribed time limit, the victim will lose the right to damages. It’s important to contact a qualified personal injury attorney right away in order to ensure that the appropriate deadline is met.

Based on the state and the type of claim the statute of limitation could be between one and six years. For instance, defamation tort cases and claims against minors generally have a shorter period of limitations than medical malpractice or car accident claims.

In many states, the statute of limitations begins expire when an injured person is aware or ought to recognize that they have been harmed, and knows (or should be aware) that someone else is to blame. This discovery rule can make it difficult for a person to take action against a government entity, as it may take much longer than a typical injury case to identify the source of the harm. Certain states have their own rules for the discovery process. It’s best to speak to a knowledgeable attorney if there is a need for more information.

Statutes of Misrepresentation

A claim of misrepresentation can be brought when the person is unable to provide a false impression to someone else that a reasonable person would believe. For instance, suppose that you had surgery and a surgeon accidentally left a sponge at the site of your incision. The error was discovered a year later, but there were no signs of it and did not impact your health. You could be able to recover damages if you prove that the company was a result of negligence.

Generally, the statute limitations begins when you discover that you were injured or was aware of the harm. The law allows for an exception to the law if the person was unaware of their rights, or the possibility of harm.

A judge will decide whether your ignorance is reasonable. For instance, if were informed by your realtor that the neighbors have been involved in noisy evening activities and that the noise could disrupt your sleep, however you did not have any reason to believe this then it isn’t reasonable to be unaware of this information.

Insurance Coverage

In many personal injury cases, insurance can be used to pay for the cost of medical bills as well as other related expenses. Certain insurance policies cover funeral expenses as well as lost income. These types of expenses are typically referred to as economic damages. They are assessed using a variety of methods. An attorney can help clients in the Palm Coast and Ormond Beach regions to add up these damages and ensure that their claim covers all of the relevant costs.

If you are involved in a car accident or a bodily injury accident, your bodily damage liability policy can cover some of your medical expenses based on how the insurer defines the fault of the incident and if you carry PIP benefits or any other no-fault insurance coverage. Some states require that you have this type of insurance on your auto insurance policy.

A personal injury lawsuit could create a lot of stress for an injured party especially when it’s followed by legal fees as well as other related costs. personal injury lawyer attorney and auto owners have coverage for property damage. This type insurance policy pays to repair or replace damaged items that are covered by the insurance policy, regardless of who is at fault. Insurance companies often attempt to limit the amount they offer for these claims. This is why it’s a good idea to have an attorney on your side in any discussions with an insurance company.