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LEADING BRAIN INJURY LAW
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 9/11/01
| Personal
Injury Claim Basics: |
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A Personal injury claim is
a legal
process that provides compensation, or "Damages"
to individuals, or "plaintiffs" injured due to the wrong-doing or
negligence of another.
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Car crashes, work place injuries,
and sports and recreation injuries are the most common causes
of personal injury claims.
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Other types of personal injury cases include:
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Product liability, slip and fall, farm accidents
and medical malpractice.
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When an injury is caused, even in part by someone
else, a claim should be investigated.
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An experienced personal injury attorney should
be consulted, early-on
to prevent the loss of important evidence and to protect your right to
due process.
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| The Plaintiff: |
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The person(s) injured due to the negligence or
wrong doing of another is known as the "plaintiff."
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Damage to personal property
such as a car, or other personal possessions is compensated under a related,
but different system.
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Persons injured in such accidents
might be entitled to collect "damages" for their injuries,
Damages are moneys paid to a person who has suffered a loss or an
injury at the hands of another.
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| At-fault
party: |
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The person causing the collision
is known as the at-fault party or "defendant"
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A defendant might be entitled
to collect money, too, but it will be severely restricted.
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In some cases, more than
one party might be at fault.
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Determinations of which party
was actually at fault can be a very complex matter, in many cases it is
one best left to attorneys with special expertise in personal injury law.
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| Passengers: |
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For the most part passengers
are viewed as innocent victims and as such have a right to bring
a claim.
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Such claims should be brought
against each at-fault party
and their insurance companies.
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Passengers can also make
claims against defendant insurance companies on behalf of their spouse
or other relatives.
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| The Process: |
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Most personal injury claims are usually resolved
through a process of negotiations.
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If that process fails to bring about a satisfactory
resolution, a lawsuit is filed.
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Ultimately, if a settlement can not be reached,
the case will be tried in a court of law.
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| Why File A
Claim: |
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Even a minor brain injury can result in serious,
lifelong impairments.
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Frequently, recovery from brain injury involves
the need for expensive
and extensive medical, rehabilitation,
and support services.
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Many such services are available to the injured
persons and their families.
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The considerable
financial
demands that result from a brain injury requires that all possible financial
resources be vigorously pursued.
The U.S. personal injury
system or "tort"
system is based on the principle that if a person hurts or kills someone,
he or his insurance company should pay the victim. When they do not,
society pays the price. If all accident victims sued for damages,
they would get what they deserve and tax payers wouldn't have to
foot the bill. |
| Draining Public
Resources: |
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A recent study found that Americans are paying
a "hidden tax"
for up to 90 percent of the injuries that insurance companies should, but
donot
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It is estimated that the financial burden of
the U.S. economy exceeds $400
billion per year.
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READ our
Disclaimer
and Privacy notice before proceeding!
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This
site was created and maintained by:
Brain
Injury Resource Center
PO Box 84151
Seattle, WA 98124-5451
206-621-8558
http://www.headinjury.org
brain@headinjury.org |
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