UNITED STATES—Following an accident, the party who suffered an injury is legally entitled to request compensations. There are various ways through which one can request compensations for a personal injury and the claims can vary based on the gravity of the injury and the country where the event took place.
Compensations for personal injuries can be generally requested from the party who caused to another person an injury (typically, in a car accident) or from parties who had the responsibility of preventing harmful events and who did not have the necessary response at the moment when the event happened.
The legal ground for which a person is entitled to request financial compensations and to receive them is given by the fact that the one who suffered the injury will need to invest time and money in medical recovery and this will have a negative impact on the person’s daily life (personal life and work life). Since the reasons for which the person is no longer able to carry his or her own regular life are determined by a third party, then the one who suffered a personal injury can request compensations, which can be obtained through a settlement with the other party or by addressing the case to a local court.
Provided that the latter will apply, it is necessary to know that each state has its own statute of limitation regarding claims for personal injuries. In some countries, the party who has suffered an injury can bring the case in front of the court in three years, while in others, the limitation is two years. The latter is applicable in personal injury cases in Los Angeles, California. The legislation here stipulates a different time frame for the events concerning personal injury claims against the local government, which can be addressed to the court in only six months since the date in which the event happened.
Regardless of where the event took place, some of the most common things a person who was the victim of an accident can do in order to obtain compensations are the following:
- gather as much evidence as possible on the event;
- seek medical help and request all the necessary papers which attest the presence of the injury;
- when trying to obtain a settlement, take into consideration the future negative effects that will impact the daily life, as a consequence of the injury;
- verify the conditions of the insurance and how much can the insurance company can cover (if applicable);
- hire a personal injury lawyer, who can best represent the interests of a person who has suffered an injury.