Understanding Personal Injury Claims – A Step-By-Step Guide
Close-up Of A Businessperson With Broken Arm Filling Health Insurance Claim Form On Wooden Desk
Personal injury cases account for a large portion of civil lawsuits. A personal injury lawsuit begins when an individual files a complaint against a person or company responsible for the injured party’s losses.
Often, these types of cases involve accidents or medical malpractice. Other times, they may apply defective products or false advertising.
What is a Personal Injury Claim?
A personal injury claim asserts legal rights to compensation for damages. It begins with a formal complaint filed by an injured party (the plaintiff) against the person or company who caused the accident, claiming that they acted negligently and that the negligence led to injury or death.
The personal injury claim must be based on evidence that the defendant was at fault and that the negligence resulted in severe damages. The types of damages include special and general damages, with special damages being measurable costs like medical expenses and lost wages. In contrast, general damages are less measurable losses like emotional suffering and loss of companionship.
Many issues can get in the way of a successful personal injury claim, including the statute of limitations, which can vary by state. A seasoned personal injury attorney can help navigate these challenges to secure the best possible outcome for their clients.
What are the Benefits of a Personal Injury Claim?
A successful claim on personal can compensate you for medical costs, lost wages, and other expenses related to your accident. A compensation claim for pain and suffering ll also be provided based on how severe your injuries were.
An experienced personal injury attorney can help you obtain the compensation you deserve, including paying for your past and future medical expenses. This may include hospitalization, doctor visits, and ongoing physical therapy. They can also help you negotiate liens from your health insurance company (subrogation) or the employer’s workers’ compensation insurer (EUO and IME).
Your personal injury lawyers may attempt to settle your case outside of court, but if that is not possible, they will file a lawsuit and take it to trial. They will know which documents and information are needed to prove the facts of your case.
What are the Benefits of Hiring an Attorney?
Suffering a personal injury can be incredibly traumatic. It can cause financial hardship, loss of work time, emotional distress, and other adverse effects. However, the path to receiving compensation can also be complex and confusing.
If you’ve suffered damages, an attorney can assist you in comprehending your rights and pursuing fair compensation. They will start by thoroughly investigating the accident and your injuries, interviewing witnesses, requesting records, and preserving evidence. They will then prepare a demand package submitted to the insurance company representing the responsible party. This document will outline your injuries, damages, and the compensation you are seeking. An attorney with experience can often negotiate a settlement higher than what you could achieve on your own. They can also defend you against any attempts by the insurance company to use your statements against you.
What are the Benefits of a Settlement?
Once the defendant’s insurance company receives your demand letter or settlement package, there will usually be back-and-forth negotiations. It would help if you ran any settlement offers by your attorney before accepting them. This is because the insurer will try to give you as little as possible to protect their profits.
If the parties cannot agree, the case will go to trial. A judge or jury will decide if the defendant is liable and how much they should pay the plaintiff.
By settling out of court, you can get your money faster. This can help you pay your medical bills and regain the quality of life you had before the injury. It can also prevent you from dealing with the stress and expense of going to trial.
What are the Benefits of Going to Trial?
While most personal injury cases are settled outside of court, there are times when taking the case to trial may be more beneficial despite the lengthy process, which can take years to complete.
The process involves presenting evidence to a judge and jury, who will then decide a verdict on how much compensation is owed by the defendants. The plaintiff may receive compensation for expenses related to medical treatment, lost income, and other damages resulting from the incident.
A trial can also offer a sense of closure for the injured parties as it is a public record, and the defendants will be held accountable if they are found at fault. However, trials can also be expensive and time-consuming. It’s important to consult with an experienced personal injury attorney to determine if going to trial is the best option for your case.
