A personal injury can have a profound effect on a person’s life. There is the injury itself, which can be painful and incapacitating, but there is also the financial fallout of the injury. The person who suffers the injury will have to deal with the medical cost of taking care of the injury, repair or replacement expenses if their property was damaged, and lost wages for the period of time in which they are unable to work. There are also the mental and psychological effects of the injury to contend with as well.
Fortunately, there are ways for personal injury victims to get the compensation they need to take care of those problems. They can file a personal injury claim against the insurance company of the party responsible for the personal injury or they can file a lawsuit against said party. A lawsuit is a last resort but it is still a viable option. No matter how the personal injury victim decides to proceed, they will need an experienced attorney to help them. The reason is that a personal injury attorney can negotiate with the insurance company and help their client with all the legal complexities of the case. You can learn more at personalinjuryking.com.
What is a Personal Injury?
Before anyone files a personal injury claim or lawsuit, they must make sure that their case meets the legal parameters of a personal injury, which are as follows:
- The party that caused the personal injury owed the victim a duty of care.
- The party responsible for the injury violated or breached their duty of care due to negligence.
- The breach of the duty of care caused an injury to the person filing the claim.
- The person who suffered the injury experienced losses because of their injury. Those losses can be economic, like medical bills, or non-economic, such as pain and suffering.
Making a Personal Injury Claim
Once it is determined that a person has a valid personal injury, they can then make a personal injury claim. It is highly advisable that the person making the claim hires a personal injury attorney to help them. Any legal case can be difficult for a layperson, which is why expert guidance is needed. The attorney will gather all the evidence they can find that proves the other party was responsible for their client’s injury. They will also calculate the various expenses caused by the injury in order to determine the settlement amount.
The attorney will then send a demand letter to the insurance company of the responsible party that contains all of the details about their client’s case. The insurance company will review the letter and then make a decision to pay the settlement, renegotiate the settlement, or reject the settlement. If they pay the settlement or renegotiate a fair offer, then the case ends here. However, if they make an offer that is too low or reject the settlement outright, then the personal injury victim will have to file a lawsuit if they want to get the compensation that they need.
If a lawsuit is filed, then the case enters the discovery phase where the attorneys for each sde exchange information so that they can offer the best defense to their clients. Once discovery is complete, the case goes into mediation where a neutral third party tries to get the competing parties to come to a resolution. This is preferable to a trial because trials can be long, expensive, and unpredictable. If a resolution is reached, then the case ends, but if there is not a resolution, then the case goes to trial.
At the trial, the evidence collected by either side is presented to a jury that will decide which side is the most credible. If the victim is successful, then the judge or jury decides how much compensation they should get. If the victim is unsuccessful, then they can file an appeal. Most personal injury cases rarely ever make it to trial and are resolved much earlier. So either a lawsuit never becomes necessary, or if a lawsuit is filed then the case never makes it to a trial.
Contact an Attorney To Help You With Your Personal Injury Case
A personal injury case can get complicated, which is why you need legal help to guide you through it. An attorney will make sure that your personal injury claim gets filed before the statute of limitations runs out and they will do all the legal heavy lifting so that you only have to worry about your recovery. Most personal injury cases do not reach the stage where a lawsuit is necessary, but if yours does, then a lawyer will be invaluable to you. So be sure to contact an attorney as soon as you can after you have suffered a personal injury.