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What's in a Personal Injury Claim?

If you decide to take legal action following an injury (also known as a tort action), you will probably have to make a claim in civil court against your own or another party's insurance company in order to get money and other compensation for your injuries. If you bring a tort action against another person or organization, you are known as the plaintiff. The other party is known as the defendant.

Making a claim can be a complex and lengthy process. Health care professionals must evaluate your condition after the accident. Other information about the accident from witnesses, police officers, etc., will be gathered. A period of negotiation may be necessary, or perhaps arbitration or mediation. And while most personal injury cases never go to jury trial, yours may be the exception. Depending on the type of claim you make, your personal injury case could take anywhere from nine months to two years or beyond to complete.

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