The state follows a “fault” system to process any personal injury claim. In other words, the state courts use the traditional tort system, to determine whether the compensation should be paid or not.
What does it mean for you?
Well, to put it simply, you’d not only need to prove that you’ve been injured or sustained losses but also that the defending party is liable for it.
But, how do you proceed with a personal injury case in the state? Of course, there are other legal requirements too, apart from proving fault and liability.
Keep reading to know more about the laws.
To protect the interests of both – plaintiff and defendant – the state laws ensure that a personal injury claim must be filed within a certain time frame. This time frame is usually referred to as “Statutes of Limitations”.
In general, the time to file a personal injury claim is about 2 years from the day of the accident in many states. However, there could be other factors involved which may then extend or shrink this window. For example, if the injuries from a car accident set a little late, the courts may then assume the window from the date of onset of the injuries.
It is noteworthy that the plaintiffs can file personal injury claims in any of the circuit courts within the state. The earlier you partner with an experienced attorney even if the personal injury reason is an aggressive driver, the more support that you will have through this complete experience will be helpful. However, to file a claim in any state, the plaintiff must either be residing in the state for at least six months or must be injured in the state. If these conditions are fulfilled, they can file in any of the 24 circuit courts in the state.
Also, these conditions can also depend on the type of injury, the place of accident, and the cause of injury. For example, road accident injuries might not necessarily need the plaintiff to meet these conditions.
The most important part of filing a personal injury claim is providing evidence. As already mentioned, the state courts follow the tort system to process any personal injury claim.
Pieces of evidence can include medical receipts and undertaking documents from the medical professional. The initial police report may not provide substantial proof of fault. However, investigation reports may be used in the court of law to prove the fault. Likewise, there could be many other pieces of evidence that can help claim the compensation for losses and sufferings.
Last but not least is to estimate the value of the claim. It is noteworthy that compensation can be sought against economic as well as non-economic damages.
While the economic damages can include medical bills, car repair costs, and any other repair or replacement costs for personal property, the non-economic damages only include compensation for emotional or psychological trauma. And likewise, the latter is more difficult to estimate.
The personal injury laws vary a lot from state to state. At the same time, there are differences in every case, depending upon the type of injury, cause of injury, and also the part negligence. It is advisable to consult with a personal injury lawyer to understand your options and alternatives.