What is a Personal Injury Claim?
Legal Definition of Personal Injury Claim
According to Black’s Law Dictionary, 5th Edition, “Personal Injury” carries the following definition:
“In a narrow sense, a hurt or damage done to a man’s person, such as a cut or bruise, a broken limb, or the like, as distinguished from an injury to his property or his reputation. The phrase is chiefly used in this connection with actions of tort for negligence and under worker’s compensation statutes…”
You should note that a personal injury claim, by definition, does NOT include a claim for damage done to property, such as an automobile or its contents.
Also note, a personal injury claim, by definition, DOES include claims for the death of a family member by wrongful means (wrongful death claims).
Personal Injury Claims and Negligence
Typically, personal injury claims are the result of the negligence of another person. Common sources of personal injury claims include, but are not limited to, the following:
- Automobile accidents
- Pedestrian accidents
- Defective product claims
- Medical malpractice
- Slip and fall claims
Claimant: The person making the claim under an insurance policy. Usually the victim (you).Participants in a Personal Injury Claim
There are nine main participants in a personal injury claim. In following the progress of your claim, it will be useful for you to understand the terms by which these participants are referred to:
- Tortfeasor: The person causing the injuries. Also known as the “At-Fault-Party” or the “Defendant.”
- Attorney: Person licensed to practice law who represents a Claimant or a party to a lawsuit.
- Adjuster: Person hired or employed by an insurance company to settle a claim. The adjuster’s job is to avoid paying out money under the claim, or to pay the minimum possible.
- First Party Insurance: Your insurance.
- Third Party Insurance: The other person’s insurance.
- Plaintiff: The party to a lawsuit who files the suit (you).
- Defendant: The person being sued.
- Party: A plaintiff or a defendant.
Your Personal Injury Claim and the Law Offices of Steven D. Weier
If you are the victim of a personal injury and are considering making a claim, you may benefit from reading this article: Why Get an Attorney?
At the Law Offices of Steven D. Weier, we emphasize handling personal injury cases. As a result, you can leave your personal injury claim worries to us knowing they will be managed from beginning to end in a timely and affordable manner that only comes through extensive experienceand a focus on efficiency.
To successfully navigate the maze of your personal injury claim, contact us today.