Personal injury claim is the claim against the party at fault for inflicting damages, injuries and losses to the victims of said party’s negligent acts. There are different types of personal injury accidents, and they are categorized as:
In any of the foregoing accidents, the victim is entitled to some or any form of compensation against the party at fault, which is not limited to:
Although it is true that a victim may obtain the above damages, actually being awarded with said compensation is not as easy as it sounds. In any claim for damages, the law provides that the claiming party has the burden of proof to show the following:
In proving the above against the party at fault, the latter may claim the defense that the victim was at fault for the accident. Short of this, the party at fault may minimize or mitigate his liability in the accident by claiming that the victim was partly at fault or partly to blame for the accident. There are various legal concepts that the other party may use to frustrate your claims and they are:
As you can see, seeking damages against the party at fault is very complex. Hence, if you are serious in making the other party pays for his recklessness, you should never try to pursue your case on your own and trust expert personal injury attorneys to help you obtain evidence vital to your claims and help you prove the maximum compensation against the party at fault. Otherwise, short of waiving your right to claim any type of damages, you might be unwittingly doing harm to your case by failing to refute the party at faults above defenses.
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