- Insurance Claims

Personal Insurance Claims

Have you suffered a major or minor injury in some kind of accident? Whether it’s a minor car accident, a slip on the stairs of a private home or public institution, or through some other cause, you can consider making a personal claim. The primary questions to ask are: “Was someone else besides myself wholly or partly responsible for my injury? Was there negligence, recklessness or carelessness on the part of that party?”

Besides automobile accidents, these are some areas that may generate a personal claim: medical malpractice, defective products, "slip and fall" cases, accidents at work, aviation accidents, food poisoning, dental injuries, mental harm. A personal claim may also be generated from industrial diseases such as chest diseases, occupational deafness and occupational stress.

Some cases involve more serious harm. Personal claims may be filed for negligence involving automobile, gun or sports accidents, liquor, and premises liability. Physical injuries include traumatic brain injuries, broken limbs and neck injuries, among others. A personal claim may be filed to compensate the victim for medical expenses, physical pain and suffering, mental anguish, physical impairment, disfigurement, lost wages, and loss of earning capacity.

In the unfortunate circumstance of a fatal accident, a wrongful death suit could be filed by a family member. If gross negligence is proved, punitive damages might be awarded. You must have proof for any personal claim that you file. Generally, a legal representative gathers the information and completes the documents that show your injuries are a direct result of the accident.

A personal claim may also arise from a wrongful act that was done intentionally. These are called intentional torts and include assault (threat of violence) and battery (actual violence). Child abuse is another area where a personal claim may be made for intentional harm. Defamation, a false claim (written or spoken) that may harm your reputation, may also be the cause of a personal claim.