WHAT IS A PERSONAL INJURY CLAIM?

Welcome to my inaugural personal injury column! I am proud to be a top rated (by mordantly-Hubbell) trial lawyer representing personal injury claimants. I have done so for 16 years now. This on-going column will consist of my candid thoughts and insights for personal injury claimants. Most claimants interact with an attorney once in a lifetime, and I feel certain that many could benefit from some industry knowledge. So, without further ado, here goes.

If you have been injured somehow, you may have a personal injury claim against the responsible party. This is called a third party claim. (You may also have "first party" claims as the result of an injury when you are a named insured under an applicable policy of insurance, for example where you have group health insurance which will pay for your medical expenses. This column will address third party claims.) Your claim will consist of legally authorized damage claims against the responsible party or parties. The first general hurdle for most claims is a basis to prove liability of the third party. Let's use an automobile collision as an example. If the potential defendant makes a clear driving error which is the sole basis for the collision, liability can be established under a negligence theory. If you are partly at fault for the event, you may still be able to recover though the analysis is more complex. The defendant will be liable for "damages" but only those proven to be caused by the collision. Compensable damages may include claims for property damage (to repair the vehicle), medical expenses, loss of wages, pain and suffering and, in rare cases with aggravating circumstances, attorney's fees and punitive damages.

Liability claims arise in many different contexts. Some examples include premises liability claims such as a slip and fall in a store, or a rape or criminal event on property where the owner fails to maintain reasonable security measures; intentional injury claims caused by a battery or physical attack; dog bite claims; airplane crashes or other mishaps with common carriers; products liability claims; medical malpractice claims; on-the job injuries (uniquely subject to statutory resolution procedures under state worker's compensation laws) and many others.

If you think you may have a claim, you may wish to contact an attorney. For more thoughts on how to go about doing so, read on.

Information provided by David L.Turner, Schulten Ward & Turner, LLP, Atlanta, GA, copyright 2004. For more info write dlt@swtlaw.com.

DISCLAIMER: THIS COLUMN IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. NO RELATIONSHIP EXISTS BETWEEN THE AUTHOR AND READER. IF YOU WANT SPECIFIC ADVICE TAILORED TO YOUR NEEDS, CONTACT COUNSEL OF YOUR CHOOSING.