What is included in a bodily injury claim? Accident victims often file a claim for bodily injuries, otherwise known as a personal injury claim, after suffering injuries in an accident resulting from another person’s negligence. Depending upon the overall accident circumstances, the accident victim can recover various monetary damages for their inconvenience, past and ongoing pain and suffering, and other losses stemming from the occurrence.
Not all accident victims are eligible for monetary damages. Therefore, as soon as possible after your accident, you should speak with a skilled personal injury lawyer in your area who can evaluate your case and determine your claim-filing eligibility. Accident victims who qualify for monetary damages can ask their lawyer to submit the necessary documents to the at-fault party’s insurance company and assist them during all settlement negotiations.
When you retain an experienced personal injury lawyer to represent you in your case, your lawyer will do their best to help you maximize your monetary award, either via settlement compensation or through the personal injury litigation process that takes place in the court system.
When Can an Accident Victim File a Claim for Their Bodily Injuries?
An accident victim may file a claim for personal injuries if they become involved in an occurrence that directly results from someone else’s negligence. A negligent action or inaction is unintentional. However, a person or entity may behave negligently when they act in a reckless, careless, or unreasonable manner under the circumstances that exist at a particular time.
In the context of a motor vehicle crash, for example, an individual behaves negligently when they violate a traffic law or operate their vehicle while intoxicated or distracted. At other times, a driver may act negligently when they fail to do something that they should’ve done under the circumstances, such as when they fail to yield the right-of-way to another driver at a traffic intersection.
To recover monetary damages for injuries suffered in an accident, the accident victim needs to prove four legal elements to recover financial compensation for their injuries. First, they must demonstrate that the responsible individual or entity owed them a specific duty of care. For example, motor vehicle drivers have a duty to operate their vehicles safely at all times, while premises owners have an obligation to maintain their properties in a careful, safe, and reasonable condition for the benefit of property visitors.
In addition to establishing a duty of care, the accident victim must show that the responsible individual violated or breached—that duty in some way.
Next, the accident victim must demonstrate that the reason why the accident occurred was because of the at-fault party’s negligent actions or inactions. Moreover, the accident victim must show that the accident itself was a foreseeable result of the at-fault party’s negligent acts or inactions.
Finally, the accident victim must establish that they suffered at least one physical injury in the occurrence. The accident victim’s lawyer can retain a medical expert who can testify about the accident victim’s injuries and establish the necessary causal connection between the resulting injuries and the accident.
If you can prove these legal elements, a knowledgeable personal injury lawyer in your area can help you recover monetary damages in your bodily injury case. Your lawyer can help you satisfy the required burden of proof in your case and recover fair damages that truly compensate you for your injuries and other accident-related losses.
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What Types of Occurrences Can Lead to a Bodily Injury Claim?
Many types of occurrences that result from negligence can lead to a compensable bodily injury claim. First, motor vehicle accidents, including those that involve cars, large commercial trucks, bicycles, motorcycles, and pedestrians, can lead to bodily injury claims if the responsible driver deviates from the prevailing standard of care. For example, an intoxicated or attentive driver might have caused the accident occurred.
Other drivers are not the only cause of traffic crashes and injuries. Construction crews and government agencies should always keep streets in safe condition and avoid leaving debris in the roadway that can cause someone to crash. Employers should also hire safe drivers, and companies might share liability when an on-the-job driver causes a crash.
Further, auto manufacturers are responsible for designing and assembling safe cars and trucks that will work properly when consumers purchase and use them. When products such as vehicles malfunction and cause consumers to suffer serious injuries, such as burn injuries or broken bones, vehicle manufacturers and other entities in the chain of distribution may be liable for paying the injured consumer damages.
Bodily injury claims also often arise from premises accidents, where a property owner fails to keep their property in a reasonably safe condition for property owners. When the premises owner fails to clean up spills in a timely manner, repair broken railings and staircases, or provide adequate security cameras—and an incident occurs—the property owner or their insurer may be liable for paying out damages in a bodily injury claim.
If you suffered injuries in a traffic accident or another occurrence because a person or entity violated the legal duty of care they owed you, you should talk with a personal injury lawyer right away about your legal options. Your lawyer can help you file the necessary bodily injury claim to pursue the damages you deserve to recover for your physical and mental injuries.
What are the Potential Monetary Damages in a Bodily Injury Claim?
Accident victims who suffer bodily injuries due to others’ negligence often face ongoing medical treatment and inconvenience. They may also experience worsening symptoms, some of which may last for the rest of their life. Finally, they may be unable to work while they are treating and recovering from their accident-related injuries.
In all of these circumstances, accident victims can recover compensation in the form of monetary damages. Since every personal injury claim and lawsuit is different, not all accident victims will be eligible to receive the same types and amounts of monetary damages via settlement or litigation. Moreover, some insurance companies and their adjusters are more generous than others when it comes to awarding fair and reasonable monetary damages in a personal injury case.
A knowledgeable personal injury lawyer in your area can make a thorough and honest assessment of your claim and let you know what types and amounts of damages you can expect, given the circumstances surrounding your accident and the nature and extent of your injuries.
First, accident victims can recover monetary damages for their loss of life enjoyment if their quality of life significantly declines after suffering injuries in their accident. Moreover, if they suffer a permanent injury, such as from full or partial paralysis, they may also recover compensation for their permanency.
Some accident victims suffer such severe injuries that they cannot work for a period of time after their accident. Moreover, if the accident victim suffers a severe enough injury, they may be unable to work at all going forward. In those instances, the accident victim can bring a claim for lost wages or for loss of earning capacity. To prove these claims, accident victims typically need to produce copies of their tax returns and employment records which state the days they missed from work and the total amount of compensation they lost.
Next, accident victims can receive monetary damages for past and future pain and suffering. To receive future pain and suffering damages, accident victims must ordinarily have suffered a permanent injury, according to a qualified medical provider’s evaluation report.
Likewise, if the accident victim sought ongoing treatment from a psychiatrist, psychologist, or other mental health professional following their accident, they may be eligible to recover damages for their emotional distress and mental anguish. This type of compensation may also be available if the accident victim suffered post-traumatic stress disorder (PTSD).
A skilled lawyer in your area who regularly handles personal injury claims and lawsuits can evaluate your case and help you determine which types of compensation you can realistically recover in your case. Your lawyer can then help you recover the compensation you deserve by aggressively negotiating with the Insurance company settlement adjuster and, if necessary, pursuing litigation in the court system.
How to File a Bodily Injury Claim with the Insurance Company
A skilled personal injury lawyer in your area can help you take the necessary steps to file a bodily injury claim with the insurance company. The first step to filing a successful claim is to obtain the necessary documents, including medical treatment records and lost wage documentation, and submit those documents to the insurance company adjuster handling your case.
In addition to medical records and earning statements, an accident victim’s lawyer may include copies of investigation documents, like the police report and photographs of the accident victim’s injuries, if available.
After submitting the necessary documentation, it is up to the insurance company adjuster to formally accept fault for the accident and begin settlement negotiations with the accident victim’s lawyer.
In most instances, personal injury claims and lawsuits do not settle at the first attempt. In fact, it may take several attempts for the parties to reach an amicable settlement offer. If the parties cannot arrive at a favourable settlement number, the claim is likely to proceed to litigation and eventually a mediator, judge or jury may be left to determine the total damages to award the accident victim.
Instead of a trial, the parties may mutually decide to pursue alternative dispute resolution, like mediation or binding arbitration, as a means of resolving their case. Mediators work directly with the parties to encourage further settlement discussions and bring the parties closer to settlement. A hand-picked arbitrator, on the other hand, actually hears the case and reviews evidence that the parties present—just as they will in a courtroom. The arbitrator then issues a damage award to the accident victim.
No matter the circumstances, your personal injury lawyer will be by your side throughout your case, advocating for you and helping you make informed decisions that will lead to the highest monetary compensation.
Filing a Timely Lawsuit for Bodily Injuries
One of the most important steps to take in a personal injury claim is to file the appropriate lawsuit at the proper time. If an accident victim or their lawyer files a lawsuit too late, the accident victim will not be eligible to receive monetary damages for their injuries, pain and suffering, and other losses.
In Alberta, an accident victim must file their bodily injury lawsuit within two years of the accident date, absent some extremely limited exceptions that rarely apply. Filing a lawsuit even one day after the deadline will prevent the accident victim from receiving monetary damages of any kind.
The sooner you retain experienced legal counsel to assist you in your case, the sooner they can file a timely claim or lawsuit on your behalf. Moreover, the sooner you involve a lawyer, the sooner settlement negotiations can begin. Your lawyer can also address all of your legal questions and concerns sooner rather than later.
Don’t Delay in Retaining an Experienced Personal Injury Lawyer to Represent You as Soon as Possible
Involving a personal injury lawyer in your case is the single most important step you can take on your path to recovering favourable monetary damages. When it comes to recovering high monetary compensation, insurance companies are never on the accident victim’s side.
Instead, insurance companies are only looking out for their own financial interests and will do everything they can to limit the compensation they pay out to an accident victim.
An effective personal injury lawyer can combat these insurance company tactics by aggressively negotiating for you and, if necessary, litigating your case in court. Your lawyer can help you decide between accepting a settlement offer and pursuing litigation.
If you choose the latter, your lawyer can represent you at all court proceedings, present favourable evidence on your behalf, and make convincing arguments to increase your chances of obtaining a favourable monetary result in your case.
