Index Of The Blog
In the legal context, personal injury claims involve damage caused to the self because of someone else’s negligence. These can include anything from road accidents to medical malpractice or even occupational injuries. If you’ve recently encountered a similar situation, you can file a lawsuit and claim compensation for the physical, emotional, and monetary damage.
That said, before deciding to file a personal injury case, you may want to plan the process correctly to ensure you receive maximum compensation. Unpreparedness will lead you nowhere. On the contrary, understanding the various aspects of your case will allow you to safeguard your interests while also protecting your rights. So without further delay, listed below are a few things to know when you’re thinking about fighting a personal injury case with the negligent party.
Having an attorney will ensure better compensation
Plaintiffs who acquire the services of an attorney have a higher chance of obtaining justice and more reward than those who don’t. Expect to earn at least three times more money with the help of a skilled attorney by your side.
Personal injury lawyers have the skills, experience, and knowledge to assess your claim and pursue a suitable course of action, be that a settlement or a trial. They will go above and beyond to ensure you get the compensation you deserve. Also, it would help to approach one who specializes in your injury type. For instance, if you got hit while riding a bike, hire a motorcycle accident attorney to represent you instead of a lawyer specializing in childbirth injuries. Either way, avoid trying to fight solo.
Never sign any insurance documents before talking to your attorney
Never sign anything without reading it. The defendant’s insurance company will try its best to get you to agree to an offer that isn’t fair. In short, they will try to offer you as little money as possible. However, before accepting the first offer you receive, get in touch with your attorney to review it. Chances are, your attorney will try to talk with the insurance company and work out something that is in your favor. For this reason, lawyers up with someone who has excellent negotiation skills. It will help with the table-talk.
You will have to prove the other party’s fault
In order to win your claim, you’ll have to present evidence that proves the accident was due to the other party’s fault or they failed to exercise reasonable care. If you cannot prove this in any legal proceedings, you won’t receive a favorable verdict. So, ensure you gather enough evidence that supports your claim. This evidence may include pictures, medical bills, medical reports, proof of lost income, etc.
Be vary of the things you say
Don’t even think about going on social media and sharing details about your case until anything conclusive occurs. It will be highly damaging to your claim. The other party’s lawyer will try to use it against you. For example, something as innocent as “I should’ve been more careful”‘ or “I’m okay” can be used to weaken your claim in court. The defendant’s attorney may use such statements as evidence to prove that you’re medically fit and are only suing for monetary gains. Alternatively, hurling abuses can land you in hot waters if the defendant decides to countersue for defamation.
Personal injury claims take time to settle
Personal injury claims are usually complex. They can take months or even years to resolve, depending on the nature of the case. Moreover, insurance companies drag personal injury claims in the hope that your deteriorating financial condition will force you to retract your claim or accept a lowball offer. So, you have to be willing to put in the work and time required to receive maximum compensation. In such instances, it is wise to opt for an out-of-court settlement to speed things up.
Your lawyer won’t charge you upfront
Most personal injury law firms and attorneys charge clients on a contingency fee basis. That is, you won’t have to pay your attorney any money upfront. Instead, they will get paid when you win your claim. And the amount will depend on the previously decided percentage of the total recovered claim. So, if your lawyer is asking for money upfront, it’s probably best to find another.
Conclusion
The key to winning your personal injury case is patience. The entire process can take months, during which you will receive different settlement offers, and you’ll have to make a few counteroffers of your own. That said, it will be tempting to settle on the first offer you get. However, don’t do such a thing. Instead, let your lawyer do the talking and take care of all the legal nitty-gritty of your case. In the end, a good and responsible lawyer will do what’s best for you!
