Personal injury is injury caused to a person from another person, object, or company. Personal injury claim is the act of seeking compensation for that injury. Personal injury may be slip and fall injuries, nursing home abuse, car accidents, defective product injury, exposure to toxic materials, medical malpractices, wrongful death (due to negligence), drug injury, dog bite or job injuries.
A personal injury claim may be sought from the person who caused the injury or from the insurance company. Generally, personal injury claims are sought in the courts when the person or the company refuses to pay for the damages or when the payment is not considered to be sufficient by the victim.
Some personal injury claims may be settled through arbitration or in the small claims court. However, bigger claims involving higher compensation are taken to court. It is better to consult an experienced attorney for such cases. A personal injury attorney would be able to help collect evidence, build a strong case, speak to the insurance company and do the necessary paper work.
A personal injury claim must address two main issues: liability (the person charged is truly and legally responsible for the damage) and damages (the damages claimed truly reflect the exact extent of the injury or loss suffered). The claim must be based on any of the three grounds: negligence, strict liability and intentional wrong.
Oregon personal injury claims come under the Tort Law, which covers strict liability, negligence and intentional wrong. Strict liability is generally against product manufacturers whose product may have caused some injury; negligence is against anyone who could have prevented the injury and intentional wrong is against anyone or anything that has intentionally caused the injury e.g. domestic battery. The most common lawsuits relate to negligence.
An Oregon personal injury settlement may cover not just pain and suffering, but also any loss of income, permanent disability (if any), emotional distress, and any other injuries that have been proved to be a result of the personal injury.
Oregon personal injury attorneys would be able to effectively manage claims settlements. They can be located in yellow pages or advertisements of law firms. However, it is better to have good referrals before consulting a lawyer. Friends, colleagues and family members would be able to provide reliable referrals for Oregon personal injury lawyers.
No comments:
Post a Comment