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  • Writer's pictureRobert Schuerger II

What Is a Personal Injury Claim? | Legal Remedy for Harm

An accident caused by another's negligence can leave an injured party with serious injuries. It can lead to medical bills, lost wages, and pain and suffering damages, further affecting their physical, mental, and financial situation. To become "whole" again, the affected party may be able to pursue compensation by bringing a personal injury claim or lawsuit.

Schuerger Shunnarah Trial Attorneys have extensive legal knowledge and expertise in successfully fighting personal injury claims and lawsuits. They can protect the rights of the injured victims in Nashville, Tennessee, and guide them on their legal options such questions like what is a personal injury demand letter?

What Is a Personal Injury Claim?

What Is a Personal Injury Claim?

A personal injury claim is a legal remedy provided under the tort law to recover financial compensation for the losses (economic and non-economic damages) incurred due to another's negligence or intentional misconduct.

Personal injury claims are legal demands for compensation made by the injured party to an insurance company. An insurer provides coverage to its policyholders, which makes it financially responsible for the damages caused by its policyholders.

What Are the Compensatory Damages That an Injured Victim Can Pursue in a Personal Injury Claim?

Compensatory damages are financial compensation paid to the injured victim by the at-fault party's insurance company. These include economic losses and non-economic damages.

Economic Damages

Also referred to as special damages, economic losses are out-of-pocket expenses that the injured party incurs following their injuries. These include the following:

  • Medical bills: An injured party may incur current and future medical expenses, such as hospital bills, prescription medication costs, surgery fees, and rehabilitation bills, among many others. They can recover these types of damages by pursuing a personal injury claim.

  • Lost wages: An accident can leave an individual with serious injuries, affecting their ability to work. This can have a financial impact, as some injuries can last even months or years. By pursuing a personal injury claim, the injured party may be able to recover current lost income and loss of future earning capacity.

  • Property damage: If the accident resulted in property damage, the affected party may be able to receive reimbursement for repairs or replacement of their damaged property. A car accident, for example, could leave the victim's vehicle completely damaged, requiring a replacement for which they can pursue property damages in their personal injury claim.

Non-economic Damages

Also called general damages, non-economic damages are subjective non-monetary losses incurred by the injured victim. These may include pain and suffering, mental anguish, emotional distress, post-traumatic stress disorder, and reduced quality of life, among others.

What Is a Settlement in Personal Injury Cases?

Most personal injury cases are settled outside of the court. A settlement refers to a financial arrangement whereby the at-fault party's insurance company agrees to pay the injured victim an agreed sum of money.

When there is a mutual agreement over a fair settlement, the insurance company will draft a contract that all the parties involved must sign. After signing the settlement agreement that states the terms and conditions of the settlement, the injured party cannot pursue any further damages in the future. It is essential that they evaluate their injuries and assess their losses accurately to ensure they receive maximum compensation.

Sometimes, there may be a disagreement over a fair settlement among the parties. If that happens and the injured victim believes that the insurance company is not paying them what they are actually owed, they may be able to take the matter to court. This legal action is commonly referred to as a personal injury lawsuit.

What Is the Average Personal Injury Settlement in Nashville, Texas?

Currently, there is not enough data to calculate the average personal injury settlement, as most out-of-court payments are confidential. Secondly, even if there were sufficient information available, it wouldn't be of much use to the claimant since every case is unique.

Factors That Affect the Value of a Personal Injury Case

Every personal injury case is unique, and the value of it depends on many different factors, some of which include the following:

  • The severity of the injuries

  • Whether the at-fault party has insurance coverage

  • The likelihood of permanent disabilities

  • Whether the evidence provided is credible and sufficient

  • Is there an experienced personal injury lawyer handling the case?

An experienced personal injury law firm in Nashville can help assess the facts surrounding the injured victim's case and give an accurate estimate of the value of the claim.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a legal action brought by the injured party against the individual or entity responsible for their injuries. The suit is often served to the at-fault parties and filed in the relevant court.

Personal injury lawsuits are different from claims. They can take much longer to resolve, and the outcome is often unpredictable, as the judge or the jury gets to decide the verdict and the damages awarded.

Should an Injured Person Reach Out to an Experienced Personal Injury Attorney for Assistance?

Should an Injured Person Reach Out to an Experienced Personal Injury Attorney for Assistance?

Under personal injury law, an injured victim can bring a civil action against the negligent party without needing an attorney. However, having an experienced legal team can assist the affected party in circumnavigating the intricacies of the personal injury claim process, helping increase the chances of a financial recovery.

One of the major obstacles when it comes to recovering compensation is dealing with the insurance company. An insurer will assign the claim to the adjuster, who will probably offer a lower settlement.

If the claimant fails to accept, the insurer and its adjuster will likely use dirty or delaying tactics to coerce the injured victim into accepting the settlement.

Most injured victims who fail to secure legal representation face hurdles and eventually settle, leaving most of the monetary damages on the table.

Schuerger Shunnarah Trial Attorneys have extensive experience pursuing accident claims and personal injury lawsuits. They can explain what is pain and suffering in a personal injury case. They can help the injured party in many different ways, including the following:

  • Protect the rights of the injured victim.

  • Investigate the accident to establish liability.

  • Gather the necessary evidence, including medical records, bills, police reports, photographs, and videos.

  • Build a strong personal injury claim and adhere to the process to minimize the risks of denial.

  • Handle the insurance company and negotiate a fair settlement on behalf of the injured victim.

If there is a disagreement over a fair settlement amount, the legal team at Schuerger Shunnarah Trial Attorneys is ready to go to war and take the personal injury case to trial.

Schuerger Shunnarah Trial Attorneys Can Provide the Injured Victims with the Legal Representation They Need!

Those who have suffered injuries due to another's negligence in Nashville, Tennessee, should call to schedule a free consultation with Schuerger Shunnarah Trial Attorneys. They can help assess the case and increase the victim's chances of recovering financial compensation.


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