Legal Guide

Understand the legal proceeding involved in a personal injury case

When a person is wounded in any untoward event, then it isobviously a painful situation. The death of a person in an accident is also a cause of great grief for the surviving family members. In the case of survivors the cost of treatment might become a financial brunt for the person.

A brief delineation of personal injury

After any traumatic injury, the physical scars can heal after some time, but the mental shock is quite difficult to deal with. Accidents can also lead to a permanent disability that will affect the quality of life to a great extent. When accidents occur than in some cases, those situations are caused by the fault of others. For example, if a person hits a person who is walking on the footpath with his/her vehicle. The reason can be a loss of control of the vehicle due to over speeding or not following traffic lights or in more severe cases the driver is drunk while driving the vehicle.

In all the situations the person who gets hit by the vehicle while walking on the pedestrian path is not at fault but still gets injured. The injury suffered by the person who was not at fault is termed as a personal injury in legal terminology. Other than vehicular accidents there are other situations too when people get affected by the negligence of others. The missing sign of wet floor or dangerous areas in construction plots can also lead to accidents. Slipping on a wet floor can permanently damage the spine, and this can physically incapacitate a person. Therefore even if direct negligent acts do not cause harm to a person; an indirect form of negligent behavior like the lack of signs can also cause severe consequences.

Legal proceedings with regard to personal injury cases

Communication with the client regarding the settlements offer very importantly for a personal injury lawyer. If the claim is not addressed by the individual and/or organization which has been responsible for causing the accident, then further court proceedings are carried out. However, if the person against whom the settlement claim is made agrees to pay the amount that has been outlined by the claimant then after the payment of the compensation the case is closed. However, if the defender refuses to accept the claim made by the plaintiff and doesn’t agree with the claim of negligence, then a formal hearing of the case will be carried out where the judge upon the presentation of evidence by both parties will give a ruling. If the claimant can provide sufficient proof about the negligence of the defendant which has caused the personal injury, then the judgment will be given in the best interest of the claimant.

In case of debate over compensation, the matter is sometimes settled outside the court where the lawyers of both the parties are present and agree on a certain sum. However, if the compensation is unsuitable for the injured person, then the case can be taken to court so that the judge orders the payment of a certain sum of compensation. Once a judgment is passed regarding compensation, then the defendant has to pay the sum that has been mentioned in the judgment. Cases of personal injury are occurring every now and then, and so it is best to look for ASK 4 SAM NYC Injury attorney for acquiring the necessary help needed for claiming compensation in a personal injury case.

The documents needed for filing a compensation case for personal injury

In any legal proceeding, there are documents which have to be filed for making a claim. When an applicant is filing for a personal injury claim then the most important documents which are needed are discussed below:

  • The medical documents:

After the occurrence of the accident, all the medical documents that are given by the doctor should be filed in chronological order. The documents should not only include test reports that detail the injury but should also have all the prescriptions given by the doctor as well as the treatment done by the person. All medical bills are also an important part of the document. While getting treatment for a personal injury case, one should take care that the doctor is certified and all the medical bills are authentic. It is best to acquire treatment from a State hospital. The bills and cost of treatment should be filed separately. The medical records detailing the extent of the injury and the treatment given or needed for resolving the injury should be filed in a different document folder.

  • Report of counseling needed after the accident:

As mental trauma is an important factor while making a personal injury claim so rehabilitation or professional counseling taken after the accident or during recovery has to be documented. A practiced psychiatrist should be conducting all the counseling sessions, and if required a report should be taken to evaluate the condition of the patient and also for factoring in the extent of mental trauma that has afflicted the person due to that injury.

  • Effect on the quality of life:

After an accident, there can be different kinds of physical disabilities which might force a person to depend on some medical aids for coping with the disability. Some people might require lifelong help for dealing with physical incapacity. The claim document also takes the deterioration of a person's quality of life to determine the compensation that he/she should get. Medical evidence is also required in this regard, and it has to be certified by a doctor that the person will need lifelong support. In some cases, the need for medical aid is for a temporary phase, but in other cases, it can be permanent. Hence a doctor has to certify the temporary or permanent nature of damage to the quality of life of the claimant.

Hence, it is very important to know about the filing process of a personal injury claim and seek the help of a lawyer for presenting the personal injury compensation claim.

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