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What Is A Personal Accident Claim?

/ Car Accident /

NEW YORK – When you’ve been injured in an accident, you probably have a lot of questions. One of the most common questions our Long Island car accident lawyers hear is, What Is A Personal Accident Claim?

More commonly known as a personal injury claim or lawsuit, this legal filing can help accident victims get the compensation they need to recover from an injury. Let our Long Island car accident lawyer explain:

What Is A Personal Accident Claim?

An injured person typically files a personal injury lawsuit, or accident claim, against those responsible for their injuries. Typically, there are several people involved in this process:

  • The plaintiff: This is the person filing a claim against those responsible for an accident.
  • The defendant: Also known as the “at-fault party” or “tortfeasor,” this person (supposedly) caused the injuries.
  • Attorneys: Each party will have an attorney who is licensed to practice personal injury law to represent him or her. A personal injury attorney fights for the rights of the injured party to help them get the compensation he or she needs to pay for accident-related expenses.
  • Adjusters: These are the people who work for insurance companies whose job is to settle claims. Adjusters do everything possible to avoid paying accident victims what they likely deserve. Although it seems wrong, these actions protect the insurance companies.
  • First Party’s Insurance: The plaintiff’s insurer.
  • Third Party Insurance: The defendant’s insurer.
  • A Party to the Lawsuit: A plaintiff or defendant.

How does a Personal Injury Lawsuit Work?

Every personal accident claim revolves around two main issues: liability and damages. A plaintiff who can prove the liability and damages may receive financial compensation from the defendant. The plaintiff and his attorney must establish the following facts:

  1. The defendant owed the plaintiff a duty of care
  2. The defendant breached that duty of care
  3. The plaintiff suffered an injury as a direct result of that breach

These facts must be proved by a preponderance of the evidence, which is a lower standard of proof than what is required in criminal cases.

We Offer FREE Personal Injury Accident Consultations

The experienced legal team at Cellino & Barnes can help you file a personal accident claim. Their car accident lawyers in Long Island have helped thousands of injured clients maximize their compensation by fighting the big insurance companies head-on. If you’ve recently been hurt in an accident, you may be able to recover thousands of dollars which can help pay for a variety of accident-related expenses. Call our Long Island car accident lawyers at any time for a FREE case evaluation.

Cellino & Barnes (800) 888-8888

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