There are around 6 million car accidents each year in the US, with 12.8 deaths per 100,000 people. Car accidents are the most common personal injury claim, but slip, trip and falls are also common. Data from the National Floor Institute show that 1 in 3 people aged 65+ fall. Many of them end up in hospital due to fall-related injuries. Dog bites are another frequent claim – there are 4.5 million dog bite victims each year.
When a family member suffers a personal injury due to another party’s negligence, it can have a significant impact on the whole family. Not only is the injured person dealing with physical pain, emotional trauma, and lost income, but their loved ones also take on new responsibilities and stresses as they provide care and support.
Jonathan Mani, an experienced Columbus personal injury lawyer, mentions that having a basic understanding of personal injury claims and the legal process can help families cope during this difficult time.
Filing a Personal Injury Claim for Compensation
After an accident, the first step is to file a personal injury claim against the negligent party (such as an individual, business, or government entity). The claim should outline the injuries sustained and the damages incurred (both economic and non-economic) and argue that the defendant’s negligent actions directly caused these losses. Economic damages include medical bills, lost income, and other monetary losses, while non-economic damages cover pain and suffering. A personal injury lawyer can handle the claim filing process and build the most robust case possible on the family’s behalf.
The Personal Injury Litigation Process
Once a claim is filed, several steps follow in the litigation process. The defendant typically disputes the allegations, and negotiations begin with the aim of settling out of court. If not settled, the case proceeds to the discovery phase, where evidence is gathered, and experts may be used to argue issues like the extent of injuries or appropriate compensation.
As the family’s personal injury attorney builds the case, they should communicate regularly with the injured person and relatives to gather needed information while setting expectations. Cases not settled after discovery go to trial before a judge or jury who determines if the defendant is liable for damages.
Coping with Stress and Demands of a Personal Injury Claim
The legal process can burden injured parties and families with pain, financial costs, time off work to attend appointments, childcare needs, and other demands. Generalized anxiety is common in accident victims, affecting 3.1% of the population, and maintaining open communication and sharing responsibilities for tasks (tracking medical bills, correspondence with personal injury attorneys, transportation to appointments) can ease some pressure.
Seeking counsel from pastors or support groups, engaging extended families for childcare or meals, and utilizing leave under the Family Medical Leave Act are also helpful coping strategies.
Receiving Compensation for Your Personal Injury Claim
If awarded damages, the family will finally receive some compensation, though it may not fully equal the losses. Economic damages like medical costs and lost wages can be accurately calculated, but non-economic damages for pain and suffering are more challenging to quantify.
Families should work with their personal injury attorney to understand what costs may be recoverable and the estimated timelines at various phases. Though money cannot erase injuries, it can help cover bills and future expenses resulting from the accident.
No amount of money can ever make up for the trauma of dealing with a severe injury to a loved one. But receiving fair compensation allows families to look ahead while bringing some closure to the legal process.
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