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What is a Personal Injury Claim?
A personal injury claim is a claim where you were physically injured due to someone else’s carelessness. See Proof: Whose Fault Is It? If only your car was banged up, you do not have personal injury claim. That is, a property damage claim. But if both you and your car were injured, then you have a personal injury claim and a property damage claim. A personal injury claim includes both liability and damages. To prove liability, the at fault party's negligence or carelessness caused injury to you or the passengers in the vehicle. These injuries are known as damages. The negligent/carless party did not exercise reasonable and ordinary care under similar circumstances. A person is liable if they were negligent in causing the accident. The law allows for monetary compensation for these damages.
Personal injury law is also referred to as tort law.
So, there are two parts to a Personal Injury claim:
(1) personal injury, i.e. physical injuries to your body or psychological;
(2) property damage; i.e. damage to your automobile or other property. These claims are generally addressed separately with the insurance company.
Personal Injury Claim is inclusive of:
Psychological injury, physical injury, loss of income, pain and suffering, permanent disability, and related medical expenses are all part of a personal injury claim. |