Personal Injury Claim Basics

When a person is injured in a car accident or other incident, they can file a personal injury claim and get legal remedy for losses. Personal injury compensation covers the cost of medical and other expenses resulting from another person’s negligence. In this article, Evolve Legal will share:

  • The basics of personal injury claims
  • How someone would receive accident compensation after filing a claim

The Basics of Personal Injury Compensation

The rules of personal injury compensation apply to situations in which another party’s negligence or unlawfulness causes harm to the plaintiff. This includes:

  • Accidents – car accidents, slip and fall incidents, medical malpractice
  • Intentional Acts – assault and battery
  • Defective Products – when a medical device, vehicle component, consumer product or another kind of product is dangerous or defective
  • Defamation – when a defamatory statement causes harm to another person

How Does a Personal Injury Claim Work?

Most personal injury claims follow the same basic progression.

  • First, the defendant does something to injure the plaintiff.
  • Second, the plaintiff must determine that the defendant breached a legal duty. For example, if the plaintiff slips and falls due to a puddle in the defendant’s place of business, he/she could argue that it was the defendant’s duty to clean up the puddle.
  • Finally, a settlement occurs. If the defendant is undeniably at fault, he/she may wish to settle the personal injury claim outside of court. In this case, the defendant would make a monetary offer to compensate the plaintiff. If the plaintiff agrees to the settlement, then the case is closed.

Accident Compensation in Court

If the plaintiff does not agree to the proposed settlement amount, then he/she may go to court and file a personal injury claim. Settlement negotiations may continue to occur until the case reaches a judge for a final finding on the defendant’s liability.  When a personal injury claim moves to court, the plaintiff must have solid legal representation to ensure they receive adequate compensation for the accident. If you’re thinking about filing a personal injury claim in Queensland after any kind of accident, you should schedule a consultation with Evolve Legal to discuss your situation and options. To get started, call us on 1300 025 101 or complete the contact form.