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When Can I File a Personal Injury Claim?

Categorized as Personal Injury

No one should have to pay for injuries caused by someone else. You may not have to if you can prove the other person caused your injuries. Filing a personal injury claim means you could be given substantial compensation to cover your medical expenses and other damages. However, proving negligence can be daunting. Consider asking a Kansas City personal injury lawyer for guidance if you find yourself lost.

Types of Personal Injury Claims

To file a personal injury claim you must have a reason or grounds for suing. The main grounds for personal injury claims are:

  • Negligence
  • Intentional wrongs
  • Strict liability

Which one of these grounds your case falls into will determine how to proceed with your claim. Negligence claims mean the other person or third-party acted with careless or reckless actions or inactions that caused you harm. This could mean a driver who speeds or drives while under the influence of alcohol.

Intentional wrong claims involve purposeful actions that cause harm to others. Common examples include assaults, fights, destroying property, and trespassing. For example, this could mean someone making someone else suffer a head injury by pushing the person.

Strict liability claims hold third parties liable regardless of whether the harm was intended or not. Defective product incidents tend to fall into this category. A common example of this would be manufacturing defective batteries that explode in hoverboards and phones.

The most important factors you must prove in a personal injury claim are the grounds for the claim, causation, and damages. Consider contacting a Kansas City personal injury lawyer to see what steps this requires. A lawyer can take many of the steps for you to strengthen your chances of being compensated.

What Damages Can I Sue For?

Filing a personal injury lawsuit opens the possibility for compensatory damages. These compensatory damages include economic, non-economic, and punitive damages. To receive When Can I File a Personal Injury Claim?compensation for these damages, you need to prove them through medical records and other documents.

Economic damages are easily measurable monetary losses that can be readily found through documents like pay stubs and medical records. These damages include medical bills, lost wages, property damages, and repairs.

Non-economic damages are harder to prove because they are less factual and based more on personal experience. Pain and suffering, for example, can be hard to measure. Other damages in this category include emotional distress, mental disorders like post-traumatic stress disorder (PTSD), loss of consortium, and loss of enjoyment.

Punitive damages are more likely to be awarded in intentional wrong claims. These damages are used to punish the third-party responsible for your injuries. They are designed to discourage the third party from committing such harmful actions ever again.

Kansas City Personal Injury Lawyer

Filing a personal injury claim can be confusing when the cause of your injury is complex. Feel free to call Peterson and Associates P.C. today at (816) 298-8708 to talk to a Missouri personal injury attorney for a free consultation. Our Kansas City legal team might be able to maximize your compensation for medical bills, pain and suffering, and lost income.