Being in an accident is a traumatic experience, especially if you suffered injuries. In such situations, it is vital to understand your rights and the steps you need to take to claim compensation for your injuries.
When you have suffered an injury in an accident someone else caused, you may have the right to substantial financial compensation. The way you claim your injury is significant because it can mean the difference between full compensation for your injuries and not getting a check at all. A settlement check is not necessarily beneficial if you sign away your legal rights in exchange for a fraction of the money you deserve. Insurance companies are waiting for you to make a mistake, and they will capitalize on it during the claims process.
The best way to have the highest possible chances of legal success is to hire a Georgetown personal injury lawyer to handle your case. You should make this call as soon as possible after you have suffered an injury. Your personal injury attorney knows how to deal with insurance companies and counter their tricks at every step.
One of the main reasons you need an attorney for your personal injury claim is their knowledge and experience in the field. Attorneys understand personal injury law and are familiar with the ins and outs of the legal system. They know the complexities of personal injury cases and can build a strong case on your behalf.
If you are worried about affording a lawyer, the good news is that a personal injury lawyer gets paid on a contingency basis. This arrangement means they will receive a percentage of your compensation if you win your case. You do not have to pay them an initial retainer or hourly bill while your case is pending. If you do not receive a settlement or win your case in court, your personal injury lawyer will not receive any money for their work on your case.
How to Begin the Personal Injury Legal Process
When you can prove that someone else was at fault for what happened, they take on a legal obligation to pay you damages. You have two potential ways to seek compensation if you have suffered a personal injury in an accident.
For most types of personal injury, the responsible party likely has insurance coverage to pay for the harm they caused. For example, if you suffered an injury by a driver, the state's laws require them to have a car insurance policy. If a business is responsible for your harm, it will have a commercial liability insurance policy to pay for your damages. Accordingly, there will almost always be an insurance company that is part of your case.
You may approach the insurance company directly by filing a claim against the responsible party’s policy. Here, the insurance company will evaluate your claim and may try to settle your case outside of court without you even needing to file a personal injury lawsuit. Whether this is the best-case scenario for you depends on the facts and circumstances of your case. Insurance companies often want to stay out of court because litigation can raise their overall risk profile and business costs.
Alternatively, you can begin the legal process by filing a lawsuit directly against the responsible party in court. Here, their insurance company will call the shots in defending against the litigation. The insurance policy terms require the company to pay an attorney to represent the policyholder. This lawyer will fight you in court or potentially negotiate a settlement agreement to resolve your lawsuit.
You Need to Prove Negligence To Recover Any Financial Compensation for Your Injuries
When you claim injury due to someone else’s negligence, you must prove what happened to establish your legal right to receive compensation. Personal injury law requires that you demonstrate someone else’s negligence to get paid for your injuries.
The four elements that you must meet to prove negligence are as follows:
- The other party owed you a duty of care by virtue of your relationship with them.
- They breached the duty of care because they did something that a reasonable person would not have done under the circumstances (for example, the defendant failed to clear debris from a walking path that caused you to slip and fall).
- You suffered an injury to your person or emotions.
- You would not have suffered an injury were it not for the other party's actions.
When you file a personal injury claim or lawsuit, you ultimately need to come up with proof that shows what the defendant did and why it fell short of their standard of care. Insurance companies will review this evidence when they are making a determination.
Your personal injury lawyer will gather this evidence so you can use it as part of your case. Whether speaking to witnesses who saw the accident or gathering physical proof from the scene, it is your personal injury attorney’s job to compile the documentation of liability necessary to win your case. You are neither a skilled investigator nor do you have the capacity to detail your case when you are dealing with serious personal injuries.
You Will Seek a Certain Amount of Money
When claiming personal injury, you must quantify the amount of money you seek. Insurance companies do not get to choose how much they pay you, and you are in a position where you need to demand a certain sum of money and include documentation of your damages. Not only do you have the burden of proof to demonstrate liability, but you must also document and support the damages you claim. You have to do this step regardless of whether you have filed a personal injury claim or lawsuit.
Your personal injury lawyer will review your situation before you file a claim or lawsuit. They will study the following:
- Medical record of your treatment
- Your future prognosis
- Your earnings history and potential
- The way that your injuries have affected you
- What your life may be like in the future in light of your injuries
- The insurance coverage and the assets that the responsible party has
If you have a complex case, a personal injury attorney may also work with expert witnesses as necessary to quantify your case. They may do this when you cannot work again or require extended medical care in the future.
You Will File a Personal Injury Claim or Lawsuit
Once you have reached the point of maximum medical improvement and your personal injury lawyer has the evidence they need, you will file a claim or lawsuit. If you file a claim, you will submit it informally or through a demand letter directly to the insurance company. When filing a lawsuit, you will submit a legal complaint to the court and serve it on the other party to proceed with the process and begin your legal case.
A claim will include evidence of both liability and the damages that you have suffered. A lawsuit contains the facts that will entitle you to relief and the legal grounds that require the other party to pay you.
How the Personal Injury Claims Process Works
Once the insurance company receives your claim, it may take time to respond to you. Insurance companies often have the motivation to drag claims out for as long as possible to maximize their advantage over you. At some point, they may respond to you by either denying your claim or making you a settlement offer. If the insurance company's response is the latter, it is only the first step in a lengthy process. Insurance companies will attempt to negotiate your claim but never offer you the full amount of money you deserve at the outset of your case.
At that point, your personal injury attorney will assess the offer that the insurance company has made you. The most likely outcome is that you will turn down the first offer and continue negotiating compensation. Eventually, you may reach a point where the insurance company's subsequent offer is acceptable and sign a settlement agreement.
If the insurance company denies your claim entirely or wrongfully determines that you are partially to blame for the accident, you may have to file a lawsuit against the defendant in court. Then, you are taking the case out of the insurance company’s hands and making it your adversary in a lawsuit. When your case goes to court, an objective and unbiased jury will decide the outcome of the case.
How a Personal Injury Lawsuit Works
If you have taken your case to court, you will begin with a set of factual allegations that you make against the defendant based on your personal injury lawyer's investigation. As your lawsuit proceeds through the court process, your personal injury attorney will gather more evidence and facts through the discovery process. If you can build a strong case here, you are likely in a stronger position when engaging in settlement negotiations.
A trial before a judge or jury results from the lawsuit, but your case will rarely reach that point. More often, your case will end in a settlement agreement before your case goes to a jury trial. You may have direct settlement negotiations with the defendant, or you can speak to them with the help of a mediator.
Either way, a personal injury jury trial is rare and only happens in extraordinary circumstances. Your personal injury attorney may advise you to file a lawsuit in court, proceeding to develop and fight your case from there. Everything depends on the facts and circumstances of your case and your personal injury lawyer’s experience with the individual insurance company.
Hiring a Personal Injury Attorney Is a Key Step in the Legal Process
One of the most critical steps that you can take to claim injury after an accident is to hire a personal injury lawyer to represent you. It is complicated to take on the insurance company on your own without the help of an experienced personal injury attorney. You need someone who can guide you through the personal injury legal process and stand up for your rights when the insurance company tries to compromise them.
Handling any personal injury claim on your own is challenging. You are up against an insurance company with an army of adjusters and other staff whose job is to always look after the company's financial interests. You need someone tough and experienced to look after yours, which is the exact role a personal injury attorney will play.
Additionally, an attorney can help you determine the actual value of your claim. They have the knowledge to assess your damages, including medical bills, lost earnings, and pain and suffering. Without legal representation, you may not be aware of the full extent of the compensation you have a legal right to.
When you hire a personal injury lawyer for your case, they handle all the details to put you in the strongest position to recover all the money you deserve. Not only will they take the steps necessary to prove that the other party was negligent and owes you money, but they will also work to obtain the largest possible settlement for you. If you do not hire a personal injury attorney, you may jeopardize your entire case and undoubtedly end up with less money.
Furthermore, an attorney can handle your case's legal aspects, allowing you to focus on your recovery. From gathering evidence to negotiating with insurance companies, they will advocate for your rights and ensure you receive the compensation you deserve. They can also represent you in court if your case goes to trial, providing you with the strong legal representation you need.
Call a Personal Injury Lawyer For Best Results
Having an attorney on your side is essential regarding personal injury claims. They possess the knowledge, experience, and resources to handle the legal process, assess the value of your claim, and fight for your rights. Do not underestimate the importance of legal representation - contact an attorney today to help you with your personal injury claim.
