Personal Injury Claim Basics

The laws and guidelines of a personal injury claim covers a wide variety of situations and incidents. According to the team at Levine & Wiss, these rules will generally apply to situations that includes accidents, product liability cases, defamation lawsuits, and intentional acts of harm. 

• Accident Claims – Accident claims are by far the most common form of a personal injury claim, and will generally include a victim who has been harmed by another party, acting negligently or carelessly. Those negligent or careless actions caused or contributed to that harm. Some of the most common examples of such claims involve things like car accidents, medical malpractice claims, wrongful death claims, and slip and falls. Cases in which the team at Levine & Wiss has a lot of experience in helping victims get the justice and compensatory damages they deserve.
• Product Liability – These types of personal injury claims occur when defective products, whether they might be consumer goods, medical equipment, machinery parts on a vehicle or others, aren’t functioning the way they are supposed to, and lead to some type of harm for the victim in the case. These product liability cases can be filed against the makers of the products for damages.
• Intentional Acts – These cases occur when one party makes an intentional act of harm against another, such as an assault or battery, and the victim suffers injuries or some other damages. They may seek compensatory damages against the other party.
• Defamation Claims – These cases occur when one party defames another, and it causes the victim to suffer some form of damages.

Steps in a Personal Injury Claim

At Levine & Wiss, we have helped countless victims over the years deal with a wide variety of personal injury claims – helping them to earn millions in compensatory damages. If you have been harmed in any way by another party’s negligence or intentional acts, its vital that you contact an experienced personal injury firm like Levine & Wiss to help. The fact is that while there are different forms of personal injury claims, they all generally have a similar timeline and steps to a settlement or payout. 

The Burden of Proof

The first element of any personal injury case includes the incident or accident in which the claim is being based on. This can be any type of an act of negligence or intentional damage, as listed above. During the accident or incident, the victim must suffer some types of damages, and those damages must have occurred due to the specific actions of the other party and their negligence or intentional act. Using the help of an experienced personal injury firm and attorney like the ones at Levine & Wiss, a plaintiff or the victim of the negligence, must then prove their case. This is the most difficult and important part of the case. Depending on the situation the defendant had a legal duty to act in a certain way. In medical malpractice claims this is the accepted standard of care, in a car accident claim this is driving safely and according to the rules of the road. When this duty has been breached, the victim and their legal team must then prove this breach, then that damages occurred as a result of the breach, that this breach led to their damages, as well as the amount of damages and reasons for them. 

Settlements & Payouts

Once the case has been made, and the party’s understand that negligence has occurred and these actions led to damages on the part of the victim, it is time for the financial part of things and settlement or payout talks to occur. If each party can come to an agreement for a financial settlement, than they can avoid a court proceeding or a legal payout to occur. This is why its vital to have an experienced personal injury team like Levine & Wiss. They will use their negotiating skills and ability to mediate on your behalf in order to earn the best possible settlement. And if things are taken to court, you will have a strong courtroom team advocating for you and your interests. If you’ve been injured or damaged in any way, at the hands of another party you may be entitled to compensation and damages. It’s vital you contact an experienced team like Levine & Wiss for your case. For more information on personal injury claims or to find out what your case is worth, be sure to contact Levine & Wiss today.