How Personal Injury Matters and Settlement Work
It can be overwhelming and frustrating to sustain an injury due to someone else’s negligence. You bear avoidable pain, miss work, and incur medical expenses. The event can alter the rest of your life.
“Fortunately, you can file a personal injury lawsuit against the guilty party. They must bear the consequences of their negligent action. However, you must understand how the legal system works to make the best out of your claim,” says John Yannone of Price Benowitz Accident Injury Lawyers, LLP.
This essay describes how personal injury cases and settlement work:
Types of Personal Injury Matters
Some think “personal injury” only relates to auto accident matters. Beyond motor vehicle accidents, personal injury covers other forms of accidents and circumstances. Other types of personal injury cases include:
Premises Liability
You can institute a personal injury case if you sustain an injury on another person’s property due to hazardous conditions. For instance, if you slip and fall in a shopping mall due to a slippery floor, you can file a lawsuit against the property owner.
Intentional Assault
It is an assault when someone intentionally harms you. They leave you with physical injuries. The defendant can face civil and criminal prosecution depending on the case’s circumstances.
Medical Malpractice
Medical malpractice is when a physician delivers a below-par service to a patient, causing the latter more harm. It is when a doctor worsens your condition through negligence. You file a suit against the medical practitioner because they have breached their oath of service.
Battery
It is when someone intentionally touches you harmfully without your approval. Battery is criminal, but you can also file a civil suit against the defendant to recover compensation for your injury and losses.
Animal Attack
You will hold the owner liable for damages when a dog bites you. No animal should attack you without provocation. It shows the dog owner fails to restrain it. They will bear the cost of your treatment, pain, emotional trauma, and missed earnings.
You can file a personal injury claim against an at-fault party under these instances and more. When you sustain an injury, and you believe it is due to another person’s negligence or recklessness, approach a reputable personal injury law firm to know if you have a claim.
Dealing with an Insurer
When you file a personal injury lawsuit, you must be ready to deal with an insurance firm. The defendant’s insurer will call you about your claim. Allow your attorney to negotiate with them because they will likely shortchange you if you represent yourself.
Despite their assurances of “helping” you, you must never forget that the firm is out to make money. Hence, they will never prioritize your welfare over theirs. You need a lawyer to defend your rights and prioritize your interests in the legal battle.
Your Injuries Might Be More Severe
You should not rush into filing a claim without first understanding the full scope of your injury and its long-term effects. For instance, you will cheat yourself when you hastily claim an injury that will leave you permanently disabled.
Moreover, once you accept a settlement, you cannot go back to demand more. Hence, when you file a claim, you must be sure you are making an informed decision.
Before making or accepting any offer, you must understand the full extent of your injuries. You should also know the kind of care and treatment you will receive to recover fully. However, you cannot understand all these until you attain maximum improvement, a stage where your physician says they have reached the peak of your treatment.
Hence, no matter how much an insurer pesters you to settle, you should not compromise until your condition improves comprehensively. You must not allow them to pressure you to act against your will. Never settle with an insurance firm until your doctor and attorney give you a nod.
Beware of the Statute of Limitations
While it is essential to reach maximum improvement before accepting a settlement, you must be conscious of the deadline for your case. Every state has a deadline for personal injury claims. You will lose the privilege to recover compensation if you act against time.
You should seek medical attention immediately after your accident and speak with a legal professional. The sooner you begin treatment, the quicker you reach maximum improvement. Your attorney also knows the statute of limitations for your case and how to meet it.
While you heal, your attorney can file the papers on your behalf. They are used to the procedure and can make things move seamlessly.
You Should Demand Beyond Out-of-Pocket Expenses
Limiting your compensation demand to only out-of-pocket expenses like medical bills, repairs of damaged property, and lost earnings amounts to intentionally shortchanging yourself. You must liaise with an attorney to capture your complete losses.
Other losses you may deserve compensation for include pain and suffering, traumatic brain injuries (TBIs), loss of enjoyment, psychological injuries, and inability to earn in the future. You must consider these factors before accepting any settlement offer.
Your attorney may need to involve healthcare professionals and accident reconstructionists to understand the full value of your losses. They are always thorough with the process because they do not want you to settle for an unfair settlement. Once you know the accurate value of your injuries and losses, you can quickly determine the most appropriate compensation.
Approach the Court if the Settlement Fails
While most personal injury claims end out of court, about five percent still make it to the courtroom. If the insurer is unwilling to do what is needed, you must not shy away from taking the hard path.
However, the process can easily overwhelm you without an attorney. The process can be intimidating to a non-legal person. So, allow your lawyer to handle the entire process.
You must obtain sufficient evidence before trial because the jury does not deal with emotions. You should also undergo mediation before the proper trial. But if it still fails, the jury will schedule your case for trial.
They will listen to both sides, consider your evidence, and decide accordingly. Your lawyer must be highly professional if you want to increase your chances of a positive outcome. Remember that it is almost impossible to change the jury verdict. So, you must be strategic about winning the case.
Final Thoughts
There are no mincing words that personal injury lawsuits are complex and can be overwhelming. It can be challenging to quickly get a fair settlement, depending on the peculiarities of your case and the severity of your harm.
That is why engaging a local personal injury attorney is almost indispensable. You need someone who understands the process and can help you achieve the desired outcome. They will enlighten you on how to approach your case and uphold your rights.
