Personal Injury claim process in USA
Personal injury law is part of tort law and it provides monetary compensation to the injured person for the negligence or wrongdoing of other people. In the court of law, the injured person can file the case as plaintiff against the defendant/s who is/are responsible for the bodily injury or harm. In a fatal accident case, the family member can file a wrongful death case against the person responsible for the death.
Personal Injury arises in case of motor vehicle accident, slip and fall, trip and fall, dog bite, police misconduct, product liability, workplace injury, medical malpractice etc. due to negligence of the defendant and the plaintiff should prove the defendant’s duty of care in the court of law along with the actual damages. If the plaintiff cannot prove the elements of the negligence of the defendant then the judge can dismiss the case.
So, the doctrine of negligence seeks every person to act responsibly. Once the negligence is proved the defendant must pay compensation to the plaintiff.
American personal injury claims are usually brought in the American State where the accident happened and under the law of that State.
Personal injury law in the USA varies from State to State and the amount of compensation one is likely to be awarded can be different depending on the State where the injury took place.
Personal injury case should file as per ‘Statute of Limitation’ act and if it is filed after the statutory timeframe then the case will not be entertained by the court.
Each State in the USA has a different time limit for bringing a personal injury claim.
In California, the injury claim should file within two years of the date of injury and if the injury is not discovered right away then the claim should file within one year from the date of injury was discovered.
In Utah, the injury claim should file within 4 years of the date of injury but in the case of wrongful death, the claim should file within 2 years of the date of injury.
Personal injury is covered by liability insurance such as auto insurance. The plaintiff can recover damages for medical expenses, mental distress, property damage, pain and suffering and loss of future earnings from the defendant for the act of negligence or reckless action.
Law firms like Avrek Law in California, Gosdis Law in Park City, Utah and Weinberger & Medina, PLLC in Arizona can efficiently take care of personal injury claims.
About the author:
Juliana Rahman is an attorney with 10 years of experiences; she worked with top ranked US personal injury law firms.