Personal injury claims are generally centered around the injured party suffering a loss due to the recklessness and/or negligence of another.
Personal injury claims are generally centered around the injured party suffering a loss due to the recklessness and/or negligence of another. A potential personal injury claim can be the result of one of the below incidences:
- Auto & Truck Accident
- Construction Accident
- Motorcycle Accident
- Slip & Fall Accident
- General Negligence
If you are the victim of one of these possible incidences, you should contact an experienced Louisiana personal injury attorney. At McGinity Law Firm, personal injury attorney Douglas McGinity has over 15 years of experience awarding max compensation for your loss. Stop by our Covington, LA office or call (504) 581-2222 to set up a free consultation.
If you are not sure whether you have a case, here are some helpful tips to determine whether filing a personal injury claim is right for you.
What is pain and suffering?
A key component in any personal injury claim is “pain and suffering.” In order for a claim to be just, the negligent action of the responsible party must have caused some type of pain and suffering. The two types of pain and suffering are physical and mental pain and suffering.
Physical pain and suffering refers to any physical injuries that resulted due to the negligence of the responsible party. This does not only include immediate physical injury, but also physical injury that can result later due to the fact. On the other hand, mental pain and suffering includes the mental anguish and emotional distress that was a result of the responsible party’s negligence. Types of mental anguish can include fear, anger, depression, humiliation, loss of happiness, or any other type of negative emotion. Similar to physical suffering, mental pain and suffering can also occur after the fact.
What you should do after an accident or injury?
Immediately after your accident or injury, the most important thing you can do to help move things along is gather as much detailed information on your injuries and how they affect your life. Having the details of your accident written down can assist you in highlighting key information on your case down the road and highlight important info when demanding compensation for your losses.
Some key information you should note about your accident is where it happened, beginning with where you were, where you were going, and what you were doing, the people you were with, what you saw and heard, and if witnesses were involved.
In regards to your injuries, you should note any pains or discomforts as a result of your injuries beginning Day 1. General sufferings can include pain, anxiety, loss of sleep, discomfort, etc. Sometimes you may have new pains or discomforts arise as days progress; it’s important to begin noting these pains immediately so you don’t forget what discomforts you were experiencing and how often.
Determine who is responsible
Once you have consulted with a personal injury lawyer and determined that you do have a case, it’s important to notify all parties involved who may be responsible for the accident. You don’t even have to be sure who was at fault; you just need to know who might be at fault. Without giving them any detailed information on the accidents, you just need to notify them that the accident occurred with time and place, and notification that you were injured and intend to file a claim.
When we say that you don’t have to know who was at fault, but need to know who might be at fault, we mean that you may have to send additional notifications to other parties. For example, if you were involved in a car accident, you not only have to send a notification to the other driver, but you may also have to send one to the employer of that other driver (in the event of a company vehicle), your insurance company, the owners of the other vehicle (if not the driver involved), etc.
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