Most days you go about with your life without facing any harm. One day though, what you initially thought was yet another one of your usual days, suddenly turned into a traumatic one for you as you got caught in an unfortunate situation that left you with a personal injury. Depending on the severity of the personal injury that you sustained, you can earn your rightful compensation which you can use to cover all the costs that you’ve incurred as a result. However, you’ll have to consider the following factors first before filing a claim against the insurance provider of whoever caused your injuries to happen to you.
1. Whether you’ll earn compensation or not depends on the severity of the injuries that you had sustained.
Technically speaking, even a minor cut or a scratch can be considered as a personal injury as long as you’ve gotten injured after being caught in an unfortunate incident that involves someone else’s negligence or an intentional act.
- However, receiving superficial wounds, scratches, and bruises makes you ineligible for compensation as there’s no reason for whoever caused them to pay you for minor personal injuries that didn’t result in any significant costs and losses.
- You wouldn’t want to turn your minor personal injuries into major ones either as inflicting harm on yourself like that can be used against you once you decide to file for compensation.
2. You might receive little to no compensation at all if you’re partially or even fully responsible for the personal injury that you sustained.
Even if you were on the receiving end of the incident that caused you to sustain some personal injury, it doesn’t automatically mean that you’ll get full compensation from the insurance provider of whoever caused it to happen to you.
- The person responsible for causing the personal injury that you received has a right to due process which means that they can defend themselves from the compensation claim that you’re filing against them and even allege that you’re partially or even fully responsible for your injuries.
- In the situation that the said person’s allegations turn out to be true, what may initially be a full compensation amount might get reduced or even cut down to zero depending on how much you’ve contributed to causing injuries to happen to yourself.
3. The personal injury that you received has to be a direct result of someone’s negligence or intentional act.
A person may have committed negligence or an intentional act, but if they had injured somebody else instead of you, any compensation claim that you’ll file against their insurance provider might get denied. Thus, you should be able to prove that another person was directly responsible for the injuries that you received from their reckless actions.
More than 200,000 people in the United States died in 2015 after receiving significant personal injuries according to the Centers for Disease Control and Prevention. You may not have died from the personal injury that you sustained after getting caught in an unsavory incident, but it doesn’t mean that you should forgo your legal rights. In fact, you’ll want to hire a lawyer to help you file a compensation claim to the insurance provider of whoever’s responsible for your injuries. But first, you should take note of the above-listed factors to consider if you have a personal injury and discuss them with your lawyer so that you won’t end up looking like a fool when filing for compensation.