Home » Personal Injury » The Legal Complexities of Filing a Personal Injury Claim

The National Center for Health Statistics states that, in 2016, there were   169 936 fatalities as a result of unintentional injuries. Other statistics like these quoted by the US Bureau of Labor Statistics show that there were 2.8 million nonfatal workplace injuries and illnesses that occurred in 2018. And, finally, in 2018, there were 31 million injuries that require medical care in the United States.

Thus, the question that must be asked and answered is, if you are an unfortunate victim of third-party negligence, is there any legal recourse for this negligence?

The succinct answer is: Yes. You need to file a personal injury lawsuit in the civil court. However, for reasons discussed below, it is not a good idea to file the claim yourself. It is essential to hire a Winchester injury attorney to file the claim on your behalf.

The Tort Law and personal injuries: A comprehensive definition

Before we consider the legal complexities of a personal injury claim as the rationale behind the need to hire a legal expert to manage this process from start to finish, let’s look at the definition of a personal injury as well as the law that governs personal injury or Tort lawsuits.

The Legal Information Institute defines a personal injury or tort as an “is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.”

Additionally, it is vital to note that in the context of torts, the word “injury describes the invasion of any legal right.” And the concept of harm “represents a loss or detriment… that an individual suffers.”

Thus, a typical example is when you have been injured in a shopping mall slip and fall accident, the legal entity who is responsible for ensuring that the floors are non-slip at all times can be held liable for the injury.

Also, it’s vital to note that part of the US constitution, known as the Tort or Personal Injury Law, “is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act.” And, the successful outcome of a personal injury claim is when the third-party who is responsible for the injury compensates the person who was injured or suffered the losses.

The legal complexities involved in a personal injury claim

These comprehensive definitions highlight the need for a legal expert to file a personal injury claim. Additionally, there are a few legal complexities that need to be noted as well. However, here is a brief summary of the most challenging complexity:

The burden of proof is on the plaintiff

The plaintiff, or the person filing the claim, must prove that the defendant is responsible for the injury.

Unfortunately, it is not always straightforward, proving intentional or unintentional negligence. Therefore, recognized legal harm must be included with the documentation submitted to the court. And the plaintiff must provide evidence that they should be awarded damages. This evidence is usually in the format of the plaintiff’s medical records.

Final thoughts

It is apparent from the discussion above that it is not advisable to eschew the hiring of a specialist attorney to file a personal injury claim. It could cost the plaintiff substantial financial damages because the paperwork is not filed correctly, and the burden of proof requirements are not fulfilled enough to satisfy the civil court judge presiding over the case.

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