Nightclub or Bar Liability for Fight Injuries

A few nightclubs and bars are quiet spaces where nobody ever raises voice, and unnecessary fights are unheard of. However, others unluckily are hotbeds for fights and arguments almost every night.

What if you’re attacked in a nightclub or bar or what if, by chance, you get thrown a bottle or hit by a fist? Who is responsible? Is the premise legally responsible to you? This article addresses premises liability law in these situations.

The Attacker is Commonly Liable

Let us get one thing clear. Assuming that you didn’t commence the fight or that it wasn’t an agreed upon fight (“mutual affray”), the individual who hit you will be liable for your injuries under the intentional tort law.

On the other hand, because individuals who pick a fight in bars or nightclubs may not have insurance or any money, it may not worth it to sue the assailant for the attack; you might like to center your energy on filing a case against the nightclub or bar.

personal injury cases.
Personal injury cases are quite common.

Negligence in the General Premises Liability Law

Suing a nightclub or bar for damages due to assault or fight is a standard injury case, meaning that it’s a negligence case. An exception is that, as previously described, if the fight was agreed upon (mutual affray) in which case, generally, the bar or nightclub will not be negligent.

To succeed in a case against a bar or nightclub, you need to establish that the premises were negligent—that its negligence resulted in your injury. However, let’s say that it was another party who attacked you, how do you prove that?

Claims against nightclubs or bars in fight incidents typically involve an intoxicated attacker and so will typically involve the alcohol service and security policies of the premises.

All bars or nightclub have a responsibility to act sensibly to provide required security for their clients, and all bars or nightclubs have a responsibility not to serve drunk customers.

With regard to security, a bar or nightclub should offer whatever security is rationally necessary, according to the circumstances. A bar or nightclub that caters mainly to senior citizens drinking before entering the theater does not require any security.

Nobody will start fights in that kind of premises. However, a bar notorious for arguments, fights, and illegal drug use requires stricter and firmer security measures.

For instance, reasonable security in such premises might take in things such as serving drinks in plastic or Styrofoam cups (to inhibit thrown bottles or bottles smashed over somebody’s head), having numerous bouncers, employing an off-duty cop to observe the bar, or tightly securing the chairs and tables to the floor.

Regarding alcohol use, a nightclub or bar has an obligation (dram shop laws) to monitor its customers closely to ensure that it doesn’t serve alcohol to drunk customers. “Dram shop law” is the term for a law that has to do with cases due to injuries caused by individuals who bought intoxicating drinks at restaurants or bars.

If somebody gets drunk and assaults you at a bar, nightclub, or on the street, then you could file a claim against that premise.


What You Don’t Know About Bicycle Accidents

Bicycle accidents can cause severe and sometimes deadly injuries. Claims to get damages for injuries in bike accidents with cars involve numerous same problems as any car accident claim. Liability for bicycle accident injuries frequently comes down to carelessness or negligence – whether or not the negligence of the car driver caused the injuries of the cyclist, and whether or not any negligence by the cyclist himself contributed to or caused the accident.

Bicycle Accident Liability

Drivers and cyclists are required to abide by the traffic rules. These rules take in traffic laws and the duty to use ordinary care when it comes to safety as well as that of others on the road. Like other car accident claims, bicycle accident claims are governed by the state law and usually notified by local and state traffic laws.

Bicycle Accidents and Negligence

When a cyclist files a claim to get damages for injuries sustained in an accident with a car, the result often varies according to two questions:

Motorcycle Accident
  • Did negligence on the part of the car driver resulted in the accident and injuries to the cyclist?
  • Did any cyclist negligence contribute to or cause the accident?

Driver Recklessness or Negligence

Negligence by a vehicle driver can take numerous forms. For instance, running a red light, overspeeding, and moving into a bike lane constitute negligence or recklessness if performed with a disregard for the others’ safety.

In a case alleging negligence or recklessness by another person, victims typically should demonstrate that the defendant behaved in a way that breached a duty that’s owed to the victim. In car accident lawsuits, this indicates violating the duty of care that’s owed to everybody else on or close to the roadways.

Accident cases come down to evidence specific to the case, and usually, the ability of the victim to establish negligence via eyewitness testimony and other evidence. However, in auto accident cases, behaviors are traffic violations can comprise “negligence per se.”

motorcycle crash
Motorcycle crash

And this indicates that if a car driver was cited for a traffic breach like running a red light, proof of the violation counts as proof of negligence. The burden moves to the defendant to establish that they did not cause the injuries to the plaintiff.

Cyclist Negligence

Whether a cyclist files a claim against a car driver, or a cyclist himself is sued for causing somebody else injury, negligence can establish the lawsuit’s outcome. Examples of cyclist negligence take in riding the incorrect way on the street, running a red light, and turning instantly into traffic.

Negligent cyclists could be unable to get damages for their injuries in accidents involving vehicles. Such negligence is known as comparative or contributory negligence, which means that the negligence of the cyclist, at least partially, resulted in the accident to occur, and thus resulted in at least some of the injuries of the cyclist.

If a cyclist rode recklessly, and that negligence resulted in somebody else’s injury, the cyclist could be held legally responsible for that individual’s injuries

First Steps in a Personal Injury Claim

The time after your injury in an accident or slip and fall can frequently be taxing and confusing. Above all, take care of your health. However, when you’re ready, you can start thinking about filing personal injury suit for the injuries you sustained. Here are a few FAQs about the initial steps in personal injury claims.

What should I do if I was injured in an accident?

As previously mentioned, the first thing you ought to do after being harmed in an accident is to take care of your health. But if you’ve already done this, there are numerous steps you can take that’ll aid to preserve the right to pursue a personal injury claim for your injuries. In most cases, the steps are legal, and there’s no proper order to take (if you have to sue a government agency or the government itself, there are other certain steps that ought to be taken).

Gather evidence that can show who caused the accident and your injury, as well as the damage,  resulting from the accident. Pictures are helpful here. Note down everything that’s occurred to you following the accident. This could include things such as medical bills, any lost wages or work, and all that. Be certain to acquire the names and contact details of the witnesses that could’ve seen the incident. Contact these individuals to confirm their contact details.

If you talk to other individuals involved in the accident, then be certain to write down about your conversation. Tell someone that you could file suit against that you’re planning on suing for property damage and your injuries.

personal injury attorney
Attorney talking to jury

How long do I have to tell an individual that I’m filing a personal injury claim for my injuries?

If you’re planning on suing a person or some other body that isn’t a government agency or the government, then there is no fixed time limit wherein you need to notify that individual of your aim to file a case. On the other hand, this doesn’t indicate that you ought to take your time with it. By acting efficiently and fast, you will likely increase your odds of resolving the claim quicker than if you postpone.

It’s good to remember that even if you notify individuals of your intent to sue; this doesn’t indicate that you ought to file a case. By providing notice, you preserve your rights and stop the other party from defending against a case by reasoning that you waited way too long to tell them about the injuries you sustained. By informing the other party, you just guarantee you can continue with negotiations about arbitration and settlement at your own pace, without rushing.

Is there a time limit wherein I need to file my claim to be repaid for my injuries?

Yes, as settling a personal injury case can be slow, and if you’re unable to file the claim in a well-timed manner, you could be entirely out of luck in getting any payment. There are certain laws called the “statute of limitations” that provide the maximum period where you need to bring certain kinds of cases. If this period passes up, then you may be banned from ever filing a case to recover for the injuries you got. You must always check on the statute of limitations in your state for your claim to guarantee that the period doesn’t pass you by.

medical malpractice
X-ray of personal injuries

How soon do I need to file a lawsuit against the government for my injury?

Unlike suing a person or a company, if you have to bring a claim against a government agency or worker, or the government itself, you only have a limited amount of period wherein you ought to file a claim. Depending upon your case type and your state, this period often ranges between thirty days and a year. If you don’t follow these timelines, then you may lose the chance to recover compensation for property damage or your injuries.


What is Malicious Prosecution? – a Detailed Discussion

If a criminal or civil case is prosecuted wrongfully, the case’s defendant could be able to sue the complainant for malicious prosecution. But before proceeding to any other complex discussion, let us define first the meaning of malicious prosecution. The Findlaw article entitled Malicious Prosecution provides this information for you.

Malicious Prosecution: The Basics

Malicious prosecution occurs when one party has knowingly and with malicious intent initiated baseless litigation against another party. This includes both criminal charges and civil claims, for which the cause of action is essentially the same. The main difference between claims based on criminal and civil actions has to do with evidence. For example, mental suffering is usually considered an element of general damages in a claim based on malicious criminal prosecution, with no special proof required. But for claims based on civil actions, the plaintiff must be able to prove quantifiable damages.

Most states allow recovery for claims based on civil suits as long as the plaintiff (the defendant in the original case) is able to prove malicious intent and lack of probable cause. But some states require some direct interference with, or injury to, the plaintiff apart from the mere hassle of answering a civil complaint. For example, defamation resulting from a malicious lawsuit, such as lost business from a damaged reputation, typically would be considered a compensable injury.

Elements of Malicious Prosecution

Malicious prosecution is a claim that involves a wrongful death case, which enables a wrongfully-sued individual to take legal action and get damages against the plaintiff who sued with no proper cause.

auto accident cases
Car travelling in the dark.

Malicious prosecutions take place for various reasons, including the desire of a plaintiff for groundless revenge, attempts to close down competing companies, and illegal efforts to compel a defendant to change behaviour or cooperate to avoid suffering expensive legal payments. Essentially, malicious prosecution takes in the wrongful use of our justice system to oppress, harass, or punish another individual.

Suing somebody for incorrect personal reasons, with legal justification, isn’t only morally wrong, it is illegal. Malicious prosecution is one-way defendants get justice when a claim is unlawfully filed against them.

Now if you have been wrongfully punished, harassed or oppressed, these are the things you need to know regarding malicious prosecution. Elements of a Malicious Prosecution Claim by Ross Law has the info.

To prove malicious prosecution, the claimant (who was generally the defendant in the allegedly malicious action which prompted the malicious prosecution suit) must prove all four of the following elements:

  1. The commencement of a civil (or criminal) legal action or proceeding.

“Commencement” of a proceeding generally means filing a lawsuit. Malicious prosecutions can be either criminal in nature (in which case the defendant in the malicious prosecution case is generally the government) or civil (in which case the allegedly malicious action was filed by a private plaintiff).

  1. The plaintiff (in that first action) had an improper purpose for filing the action.

An “improper purpose” for filing a legal action generally means some purpose or objective other than obtaining a judgment against the named defendant. Often, the required improper purpose is assumed if the claimant can demonstrate that the lawsuit lacked probable cause. However, the person accused of malicious prosecution does have the opportunity to prove that his or her actions were not improper — for example, by proving that (s)he was simply following an attorney’s advice.

  1. The plaintiff (in the action which is the subject of the malicious prosecution claim) had no probable cause to believe the action was founded on proper legal grounds.

The short version of the test is that the court will ask whether a reasonable person (or attorney, in the case of legal counsel) would have believed the case had legal merit.

Elements of Malicious Prosecution

To prove that someone is prosecuting you wrongly, the claimant (usually the defendant in the malicious action which urged the malicious prosecution claim) should prove the following elements:

  1. The commencement of a criminal or civil proceeding or legal action.

A proceeding’s “commencement” often means filing a case. Malicious prosecutions can either be naturally criminal (the defendant in such case is the government) or civil (a private plaintiff filed the malicious action).

2. In the first action, the plaintiff had an improper purpose in filing the action.

For filing a legal action, an “improper purpose” commonly means some objective or purpose other than getting a verdict against the defendant. The necessary improper purpose is often assumed only if the claimant can show that the case required probable cause. On the other hand, the individual accused of malicious prosecution has the chance to demonstrate that the accused’s actions weren’t improper — for instance, by proving that the accused was only following a lawyer’s advice.

auto accident attorney
car collision with a bicycle rider

3. The plaintiff had an improper purpose in filing the action.For filing a legal action, an “improper purpose” commonly means some objective or purpose other than getting a verdict against the defendant.

The necessary improper purpose is often assumed only if the claimant can show that the case required probable cause. On the other hand, the individual accused of malicious prosecution has the chance to demonstrate that the accused’s actions weren’t improper — for instance, by proving that the accused was only following a lawyer’s advice.The plaintiff (the malicious prosecution’s subject) does not have probable cause to think the action was set up on proper legal

4. The plaintiff (the malicious prosecution’s subject) does not have probable cause to think the action was set up on the proper legal basis.

The court will inquire whether a reasonable individual (or lawyer) would’ve believed that the case had lawful merit.

5. The individual claiming malicious prosecution (usually, the proceeding’s defendant that started the malicious prosecution claim) succeeded in the malicious action or even had such action dismissed with a decision in favour of him or her.

People can file a malicious prosecution case only if they were successful in defending against the case which they claim was malicious. And by definition, if the complainant succeeded the initial action, the defendant can’t claim the initial action was truly malicious. The reason is that if the complainant succeeded, the action was seemingly based on proper grounds.

Essentially, if you got sued and then lost, and need to pay the damages, and/or if you were a convict of criminal charges, then you can’t sue the complainant in that criminal or civil action for malicious prosecution.

On the other hand, if you got sued and won, and you think the claim was wrongful, then you must consult a skilled attorney at once to see whether or not you can file a claim for malicious prosecution.

Learn more about malicious prosecution by clicking here.


Human Factors In Vehicle Collisions

Human factors in vehicle collisions include all causes that relate to drivers as well as other road users that could contribute to a crash. Examples include visual and auditory acuity, driver behavior, decision-making ability, as well as reaction speed.

A report in 1985 based on American and British crash statistics found intoxication, driver error, and other human causes contribute partly or wholly to about 93 percent of collisions.

An RAC assessment of British drivers revealed that most believed they were more superior than average motorists; a result was revealing overconfidence in their skills. The majority of drivers who’d been in a collision did not consider themselves to be guilty. One study of drivers showed that they found the key fundamentals of good driving were:

•    controlling a vehicle as well as a real knowledge of its capabilities and size
•    reading and acting in response to road signs and conditions, weather and environment
•    alertness, anticipating and understanding other drivers’ behavior.


Although expertise in these abilities is taught and assessed as part of the exam, still, an excellent driver can be in danger of crashing since:

    …being confident in increasingly challenging circumstances is experienced as the indication of driving skill, and that proven ability emphasizes the feeling of confidence, which feeds itself and can grow unchecked until something occurs – a motor vehicle accident or a near-miss.

An AXA study concluded that Irish drivers are extremely safety-conscious compared with other European motorists. On the other hand, this doesn’t translate to considerably lower collision rates in the said country.

Accompanying modifications to road projects have been full-scale adoptions of guidelines of the road along with law enforcement rules that included the setting of speed limits, drink-driving laws, as well as speed enforcement systems like speed cameras. Driving tests in some countries have been extended to assess the behavior of a new driver during emergencies, as well as their hazard awareness.

There are demographic variances in collision rates. For instance, although young individuals are likely to have excellent reaction times, strangely more young male drivers are drawn into car accident settlement. Researchers observe that many display attitudes and behaviors at risk, putting them in more dangerous positions than other users of the road.

This is revealed by actuaries who fix insurance rates for various age groups, partially based on their sex, age, and vehicle choice. Older drivers who have slower reactions are likely to be caught up in a bike accident. However, this hasn’t been the situation since they are liable to drive less and, apparently, more carefully. Attempts to execute traffic rules can be made difficult by driver behavior and local circumstances. In 1969, Leeming advised that there’s a sense of balance to be implemented when “improving” a road’s safety.

On the contrary, a location that doesn’t look dangerous could have a high collision frequency. In part, this is if drivers view a situation as dangerous, they pay more attention. Accidents could tend to occur when traffic conditions or hazardous road are not apparent at a single glance, or where the circumstances are too complicated for a human to observe and respond to the distance and time available. High frequency of collision is not the indication of the high injury hazard. Accidents are common in places of high vehicular congestion, but fatal accidents happen strangely on rural roads during nighttime when traffic is quite light.

This occurrence has been perceived in risk compensation study, where the anticipated decreases in accident rates haven’t occurred after technical or legislative changes. One research showed that the introduction of better-quality brakes caused more aggressive and rash driving, and another claimed that required seat belt laws haven’t been accompanied by an evidently attributed reduction in overall death rate. Most risk compensation claims offsetting the regulation vehicle effects and use of belt policies has been disproved by research utilizing more precise information.

In the 90s, studies of Hans Monderman concerning driver behavior brought him to the understanding that regulations and signs had a nasty effect on the ability of a driver to cooperate safely with other drivers or road users. Monderman developed the shared space standard, based on the woonerven principles of the 70s. He stated that the elimination of road clutter while letting drivers, as well as other road users, move around with equal precedence, could aid drivers to distinguish environmental clues. They depended exclusively on their cognitive skills, decreasing traffic speeds completely, and causing lower road casualties and congestion.

Some collisions are intended; for example, staged crashes involve no less than one party who expects to smash a vehicle so as to submit well-paid claims to a coverage company. During the 1990s, in the USA, criminals hired Latin settlers to crash cars purposely, frequently by driving in front of another car and hitting the brakes. It was a risky and illegal job, and these Latinos were usually paid $100 only. Jose Luis Lopez Perez passed away when he staged such maneuver, resulting in a systematic study that revealed the increasing incidence of this kind of collision.

Personal Injury Claims, Wet Floor Signs and Accident Lawyers

There are no better means to relax after work than getting a few shots with coworkers at the bar. However, just when you were all set to approach the barkeeper for the tab, a surprising thing occurred: you slipped and fell. You realized that you’re lying on the floor, agonizing an injured hamstring and a concussion–all because a careless staff failed to place a “wet floor” sign when there should’ve been one. Now you need an accident lawyer.

A business man with his working bag
A business man with his working bag

The situation above may be bound by a legal argument, or can be regarded as a recoverable personal injury. According to the calculus of neglect, putting a wet floor sign is mandatory even though there’s a tiny chance of an individual slipping. If the slip caused an injury or damage, the owner of the establishment could be found responsible for compensation damages. In these times, it’s sensible to get assistance from a trustworthy personal injury lawyer to know whether you meet the requirements for filing a claim.

A personal injury attorney at law offers legal representation to an individual who asserts to have suffered injuries– physically or psychologically–because of others’ negligence. These attorneys are skilled and qualified to practice whichever field of law, however, they concentrate on a particular area known as “tort law.” Tort law includes non-economic or economic damages and civil wrongs to an individual’s rights, property, or reputation. A few cases the accident lawyer deals with are not limited to work injuries, slip and fall accidents, and automobile accidents.

The amount of such claim is discerned using various factors such as the loss of earnings (the past and future), property damages, medical expenses, as well as psychological damage. Insurance companies utilize numerous “damage formulas.” Remember that every claim is different, so it is best to get medical evidence initially.

Personal Injury Law: What Is It and How Does It Affect You?

There are various kinds of situations and incidents that could wind up with you requiring to know what personal injury law is. Knowing a few terms and circumstances you could face in the future can aid you in case an injury or an accident happens. Aside from genuine legal counsel, knowing several general legal ideas can be pretty helpful.

What is a Personal Injury?

A Personal Injury happens when somebody suffers some kind of damage or harm from a situation or accident caused by another individual weather the accident was deliberate or not. The injuries acquired can be the liability of the individual who made the accident happen or who was negligent.

A working knowledge about personal injury law is vital for any assurance of compensation that you can get from any personal injury case in the future.
A working knowledge about personal injury law is vital for any assurance of compensation that you can get from any personal injury case in the future.

Dealing With Personal Injury Cases

Disagreements can range from merely simple negotiations with the insurance company of the other party to formal proceedings through court. A personal injury case is commonly resolved by means of an informal settlement prior to the filing of a case. It is sensible to get the counsel and advice of a personal injury lawyer to assist you.

Importance of A Personal Injury Attorney?

If you or someone you know have been hurt where you state that somebody – which can be an individual, corporation, business or governmental organization- you might have to file a complaint or lawsuit, and this is best dealt with for you by an attorney who focuses on personal injury.


What is a Personal Injury Lawyer?

Any PI lawsuit needs a certain degree of comprehension of the case’s facts other than the process, as well as the law. It will be best to refer to an experienced and qualified PI lawyer to determine if you have a case. An accidental injury attorney has the experience and training to guide and help you through the extremely complex and occasionally frightening muddle that constitutes the injury case process. They will give you advice, negotiate and fight for you.

Do I Have a Viable Injury Case?

Your PI lawyer will examine all of your case’s details, from questioning you regarding your side of the situation, to studying any accident or police reports. Your case may need some special investigation, consultations or research with other experts. After the first consultation, your attorney will propose the best option.

Those are just some aspects of personal injury law that you need to know. If you want more information about personal injury law, feel free to browse through the different content in this site.

Want To Know The Different Facets of A Personal Injury Law Firm?

The personal injury law firm today has the primary goal of helping clients compensate the harm that was done to them by other people’s actions. This is frequently called “tort” practice. In essence, a tort is an unlawful act causing an injury to a party permitting them to recompense from the offender. Where physical injury is involved, lawyers who specialize in this legal field will act in support of the injured individual to aid them in financial losses due to the injury. This representation takes in more than just a court appearance.

Identifying the Causes of Action

The initial step that a law firm will carry out on behalf of their client is to find the case’s potential legal issues and, most essentially, the fundamentals of probable recovery for the victims and their family. A mere accident could cause various claims of wrongful action; gross negligence, negligence, and intended infliction of emotional pain are just a few examples of the types of actions that could cause recovery.

The personal injury law firm today has the primary goal of helping clients compensate the harm that was done to them by other people’s actions.
The personal injury law firm today has the primary goal of helping clients compensate the harm that was done to them by other people’s actions.

Once the causes of action are identified, the next step is to investigate the circumstances. This can include hiring outside investigators or experts to acquire evidence and examine the circumstances so as to establish what caused the injuries. “Prima facie” is the known legal term, meaning to be valid or true theory at initial impression.

Identifying the Damages

As part of their representation, personal injury attorneys will distinguish the damages that their client has undergone, and set a financial value to show to the opposing party, either as a negotiation or, if needed, at a trial on the case’s merits. These compensations can be various things:

– Present and future medical costs. The costs of getting medical treatment for the injuries you acquired, along with whatever future costs, like physical therapy, can all be recovered from the offender. The attorney will often negotiate with the medical providers about getting treatment or settling unsettled bills during the case’s pendency.

Where physical injury is involved, lawyers who specialize in this legal field will act in support of the injured individual to aid them in financial losses due to the injury.
Where physical injury is involved, lawyers who specialize in this legal field will act in support of the injured individual to aid them in financial losses due to the injury.

– Suffering and pain. The psychological injuries due to a tortuous action can also be recovered. Courts have recently extended this damage element to take in hedonic damages such as the loss of pleasures in life that the injured individual cannot do any longer because of the injuries.

– Loss of consortium. An injured person’s spouse is also authorized to recover from losing their loved one’s companionship due to the sustained injuries.
– Economic loss. This kind of loss encompasses lost wages, lost earning capability in the future, and other financial areas that are impacted by the mishap and the sustained injuries.

Resolution of Claims

An experienced personal injury lawyers ultimate objective is to find a solution to the client’s claims, and assert that fair compensation is rewarded for the incurred losses. This can occur through negotiating with the offender’s counsel, mediation or arbitration, or, if required, litigation. While negotiating is the ideal way of resolving, the trial lawyer must be ready at all times to present the case to get justice for a client.

What Injuries Are Serious Enough to Merit a Trial?

Wondering if your injury is serious enough to make a claim? This section talks about some of the injuries which are serious enough to meet a trial.

Threshold Injuries

Threshold injuries are extremely serious injuries. In order to fit in this group, the injury should have resulted in major damage and should also be permanent, or limit an individual’s ability to perform normal, day-to-day tasks for a particular period of time.

Numerous states utilize what is called the ‘Threshold Injury Doctrine.’ If you acquired injuries in a vehicular accident and fail in meeting the threshold, then your case may perhaps be dismissed. Though the different states term threshold injuries in a different way, a few are general to all.

Threshold injuries include:

• Significant limitation or loss of a body organ
• Fractures
• Significant scarring or disfigurement
• Dismemberment
• Death

Legal books


A medically-certified impairment or injury, that might be non-permanent, preventing you from doing tasks that are usual and customary for at least ninety days of the one-hundred eighty days after your injury.

Decide to file a court case carefully. You wouldn’t like to file one then have it instantly dismissed. If the injuries you acquired do not meet the threshold, and you reside in a state that adheres to the policy, then provide extremely serious consideration to negotiating your case. Regardless of the matter, it is always a great idea to consult a lawyer


Arbitration can occur after negotiations fail, but prior to filing a court case. It is similar going to court, and not really having to go there. In arbitration, both parties go for a third party called an arbitrator (or arbiter), who considers both parties and settle on the outcome. In most instances, once the arbitrator come to a decision, it can’t be appealed.

Arbitration is a good option to filing a case. There are different types, counting one that ensures you will receive no less than some amount of cash. Unlike filing a case, arbitration takes a smaller amount of time, since the court hearing can be settled quickly. The costs are much lower as well.

Statute of Limitations

For filing lawsuits, there are what we call Statutes of Limitations or time limits. If you fail in filing your lawsuit prior to the deadline of that time limit, you can no longer file a claim authentically. And you might be left with nothing.

For personal injury cases, every state has its very own statute of limitations. The majority are between 2 and 3 years, so make sure to review the laws your state. The state where the mishap took place is the place whose statute normally applies. With only some exceptions, it is also the place where the court case should be filed.

Overview Of Filing A First-party Claim Under Your Own Insurance

If you acquired injuries in a vehicle accident, then you may need to file a claim against your own insurance provider, instead of against the other party. A personal injury claim against your insurance is called a “first-party claim,” while a claim against the party at fault is called a “third-party claim.” (List of Top Questions after an Auto Accident)

If you reside in Puerto Rico or a no-fault state, then you don’t have an option. You should file a claim against your own coverage.

3 Reasons for Filing a First-party Claim

1. The responsible party was either uninsured or under-insured. You have UIM insurance.

2. You have PIP (personal injury protection) coverage, and do not have the time to expect the responsible party’s insurance company to begin paying your expenses.

3. You reside in Puerto Rico or a no-fault auto insurance state, and are obligated by the law to do so.

If you acquired injuries in a vehicle accident, then you may need to file a claim against your own insurance, instead of against the other party.
If you acquired injuries in a vehicle accident, then you may need to file a claim against your own insurance, instead of against the other party.


• You do not have to be anxious about which party was to blame. Your insurance pays your claim irrespective of who caused the incident.

• Your present medical expenses are paid, without the need to settle the sum or argue liability with an adjuster.

• You are paid off for future medical expenses that only relate to the mishap.

• Your out-of-pocket bills are compensated (e.g. crutches, medications, etc.)

• You get your benefits quickly, unlike a third-party claim, taking months (or even years!) before negotiation and payment.

• Your stress is reduced, since a first-party claim isn’t an adversarial course.



• You may need to pay your deductible first before your insurance will begin paying for your medical expenses and bills.

• Depending on the state you reside, the most expensive insurance settlement may not be high. A lot of states establish the highest medical coverage under PIP or no-fault at approximately 80% of the total. And the lost wages maximum at only 60%.

• You may need to waive your rights to subjugate.

• You may need to repay your insurance if you get any payment from the responsible party or his/her insurance company.

• You may also need to repay your insurance if you accepted reimbursements from your own medical health plan.

• In a first-party personal injury claim, you cannot get payment for the suffering and pain or emotional misery you underwent due to the accident. You are also forbidden to claim disciplinary damages for deliberate misconduct.