What Constitutes a Personal Injury Claim?

What Constitutes a Personal Injury Claim? Image

Are you curious about what is included in a personal injury claim? An accident can happen at any time, and medical bills can be expensive. If you are unable to return to work, you may be wondering how you can make ends meet. If you have been injured due to the actions or inaction of someone else, you may be able to file a personal injury claim. An Oklahoma City personal injury lawyer can help you, but it is important to understand the elements of a personal injury suit. What are a few of the most important points you should keep in mind?

What Is a Personal Injury Claim?

If you have been injured due to the direct actions or negligence of another person or entity, you may be able to bring a personal injury lawsuit against that specific entity. This could include a specific individual or another company. In a personal injury case, you are considered the plaintiff if you bring the suit. The party you are bringing the claims against is called the defendant. If a defendant has passed away in the accident, then the estate is considered the defendant. In order for you to successfully proved a personal injury case, there are several legal hurdles you have to overcome.

Important Terms To Understand in a Personal Injury Case

When you file a personal injury lawsuit, there are several important terms you need to understand. These include:

  • The Statute of Limitations: There is a statute of limitations within which a personal injury case has to be brought. If you try to file a claim after the statute of limitations has expired, the case will not be allowed to move forward. That is why you need to reach out to an Oklahoma City accident attorney as quickly as possible following an accident.
  • Liability: Liability is another common term that in Oklahoma City injury attorney is going to discuss with you. Liability refers to the responsibility of the defendant for your injuries. If you cannot prove the defendant is liable for any harm you may have suffered, then you may not be successful during your case.
  • The Burden of Proof: Furthermore, Oklahoma City personal injury lawyers may mention something called burden of proof. Because you are the plaintiff in the case, the burden of proof is on you. You have to prove that the defendant is directly responsible for the damages you suffered. The defendant does not have to prove his or her innocence, he or she simply has to prevent your case from reaching that burden of proof.

For your personal injury case to be successful, what are the elements that have to be proven?

Proving a Personal Injury Claim

For your personal injury case to be successful, there are several individual elements that have to be proven. These include:

  • You need to prove that the defendant owed you a duty of care, such as yielding the right of way in the road.
  • You also need to prove the defendant failed to meet his or her duty of care.
  • You also need to prove that the losses or injuries you suffered were because of this failure to meet the duty of care.

If you are unable to prove any of these elements, then your case might not be successful.

What Damages Can You Recover?

There are several possible damages you may be able to recover during a personal injury case. These include:

  • You might receive damages related to medical expenses you incurred as a result of the accident.
  • You might also receive compensation for future medical expenses related to ongoing care.
  • If you were forced to miss work as a result of the injury, you may be able to receive damages for lost income.
  • If you suffered property damage as a result of the accident, then you may receive damages to compensate you for this property.

Make sure you maximize your settlement or damages with the help of an Oklahoma City personal injury attorney.

Contact the Burton Law Group Today

If you are looking for personal injury lawyers in Oklahoma City, then rely on the Burton Law Group. As a personal injury attorney Oklahoma City, we will be with you every step of the way. Allow us to defend your rights. Contact us today to learn more about our services.