A claim is an assertion by one party against another party regarding some right or entitlement they have. In the context of personal injury law, this usually refers to an individual filing a lawsuit against another party who they say has caused them harm or loss. The lawsuit could ask for compensation for medical expenses, lost wages, or punitive damages, depending on the circumstances of the case. The purpose of filing such a claim is to seek justice for an injured party and recover any losses suffered as a result of their injury.
A legal claim is an instrument used when someone has wronged you and caused harm or damage. To validate your accusation, certain criteria must be met to prove that the damages incurred are directly linked to their actions. The ultimate goal of such a case is making sure those affected by the wrongdoing can return to their previous state without having any financial losses. For instance, if it weren’t for another party’s negligence leading up to an accident, one wouldn’t have had medical bills or surgery costs as a result. It is only fair then that they cover these expenses in light of your suffering because of them.
In Texas, most personal injury cases are based on the following legal claims:
Legal Claim vs Insurance Claim:
Filing an insurance claim is a process all its own – one that should not be confused with pursuing legal action. Every insurer has their own protocol to follow, or you risk forfeiting your right of recourse against them down the-line; this is particularly pertinent when it comes to uninsured motorist coverage scenarios. When claims are dishonored, neglected or denied, litigation may eventually become necessary as a course of action.
When is the Right Time to File a Legal Claim?
The decision to file a claim should be made after careful consideration of all available evidence and advice from an experienced attorney. Generally speaking, it is best to file as soon as possible after an incident occurs since there are time limits on when claims can be filed (known as statutes of limitation). If these deadlines are not met, then your claim may not be valid in court. Additionally, filing quickly allows you to collect evidence while it’s still fresh and before memories fade or other parties have time to adjust records or evidence in their favor.