personal injury claims

What Are Typical Personal Injury Claims and Should You File a Lawsuit?

Suffering from an accident or injury caused by another person affects your life in many ways. Depending on the severity of the injury, you might have to take leave from work in order to recuperate. As such, it\’s not unusual for those who have suffered harm to ask the other party to compensate them for their loss.


There are two ways to obtain financial compensation after an accident:

  • by filing personal injury claims
  • by filing a personal injury lawsuit


How are they Different from One Another?

The term “personal injury” is wide in scope. It covers any personal injury claims that involve injuries to the body and mind. Examples include:

  • injuries due to animal bites
  • a bicycle accident
  • a construction accident
  • injuries caused by a defective product
  • a motorcycle accident
  • a slip and fall accident
  • injuries to the brain


Those are just a few of the many that can be labeled as “personal injury.” One of the most common areas where personal injury claims happen are car accidents. You are entitled to a negligence claim if the other party did not exercise reasonable care while on the road.


Usually, automobile accidents go through the personal injury claim process. However, there are cases when a lawsuit can be filed. That usually happens when you cannot reach a settlement agreement. Sometimes, those who suffer really serious accidents aren\’t fully compensated and as such, filing a personal injury lawsuit is the only way for them to get the compensation they need.


When Should you File a Lawsuit?


As mentioned, a typical personal injury case can be settled informally. It\’s only when a disagreement arises that a lawsuit can be filed. However, you can always file a lawsuit after suffering an injury following a serious accident, but you also have to do it before the statute of limitations expires.


The choice of making a claim or filing a lawsuit is dependent on the severity of the harm you sustained after an accident or injury. Minor accidents usually go through the personal injury claims process. The need to file a lawsuit is a last resort.


Filing a lawsuit should only arise if negotiations for a settlement have broken down and the issue can\’t be mended through other means, like arbitration or mediation. Should you feel the need to file a personal injury lawsuit, make sure to get in touch with a personal injury lawyer at the earliest possible time.


You also have to take in to account the financial burden involved in filing a lawsuit. Put simply, the decision to file a lawsuit should be taken after making an objective, informed decision. A licensed personal injury lawyer can help you with such matters.


There are clear cases, however, when a lawsuit can be filed. These are usually cases that have caused great pain and suffering and those that have impaired the ability to engage in daily activities. Injuries that fall into this classification include:


  • bone fractures
  • death
  • dismemberment


The decision to file a lawsuit should not be taken lightly. To help guide you, get in touch with a personal injury attorney at Shamon Law today.



Shamon Law is happy to provide the following legal services to San Diego 92108, and the surrounding San Diego areas: Wrongful Death, Motorcycle Accidents, Dog Bites, Bicycle Accidents, Slip & Fall Accidents, Wills, Trust and Estate Planning, as well as Auto Accidents and other legal fields. Call us today at 619-737-2727 and see if we can help you!

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