You can file a personal injury claim if you sustain injuries due to someone else’s negligence. Personal injury law requires the party responsible for your injuries to compensate you for any damage or cost associated with the accident. These could be medical expenses, pain and suffering, lost current and future earnings, mental anguish, and property damage.
There are different types of personal injury cases, but the most common are car accidents, medical malpractice, slip and fall accidents, product liability, dog bites, workplace injuries, wrongful death, and assault.
However, you may find that seeking personal injury compensation is not as easy as you think. There are two ways by which a victim may seek compensation for damages. One is through litigation (filing a lawsuit in court), and the other is through a settlement (out-of-court agreement). The latter is the usual recourse because it’s quicker and less expensive.
So, how can you ensure a favorable settlement? It’s advisable to hire a personal injury lawyer because these cases involve legal complexities that are challenging to navigate on your own. You may visit this website for more information about how to proceed with your personal injury claim.
Here’s how an experienced personal injury attorney can help you obtain a fair settlement.
1. File A Personal Injury Claim Promptly
You must file your personal injury claim immediately after the accident. This is critical because each state has stipulated a time limit for filing personal injury cases. Failure to file the claim on time means you won’t be able to get any money as compensation. For this reason, you shouldn’t wait too long after the accident to file a claim for damages.
Another reason why you should abide by the deadline is that this puts pressure on the opposing party to offer a fair settlement because they know you could file a lawsuit if their offer is far from reasonable.
If you’ve sustained severe injuries, your priority is to get medical treatment and focus on getting better. But as soon as you’re able, contact a reputable personal injury lawyer to help you file a personal injury claim on time.
2. Negotiate For A Higher Settlement
Getting adequate compensation does not come easy. In many cases, the party responsible for compensating you will try as much as possible to lower the settlement. That’s why you need to negotiate to obtain reasonable compensation.
You may avoid hiring a personal injury lawyer to save money. However, that decision may cost you more money as you may not have the skills, experience, and confidence needed to bargain for a higher settlement.
On the other hand, personal injury lawyers are highly trained professionals in negotiation. Therefore, hiring one can help you secure a more favorable settlement. You can rely on them to handle the stressful negotiations with the insurance company or the party who caused the accident.
3. Gather Pertinent Evidence
It’s important to note that your lawyer won’t have leverage in negotiations with the opposing party if you fail to produce enough evidence. So, you should ensure you’ve gathered as much relevant evidence as you can before seeking compensation for the harm and losses you suffered due to your injury.
However, you may lack the time to collect documentary evidence to help build your claim for damages. And even if you can find the time to do this, you might not be sure what evidence may be considered relevant or pertinent to your claim. A seasoned personal injury attorney can guide and help you in this essential step. For instance, they can interview witnesses about what happened.
Evidence is particularly vital in personal injury claims as it can establish the negligence of the other party. With an expert legal professional who will help you collect and preserve evidence, you increase your chances of receiving a fair settlement.
4. Prove The Liability Of The Opposing Party
An experienced personal injury attorney is adept at presenting evidence to establish the fault and liability of the opposing party. They may have to partner with experts and specialists to reconstruct the accident to prove that the other party had been negligent or did not exercise due care.
It’s important to note that proving the liability of the opposing party is vital to obtaining a fair settlement.
5. Compute Compensation
Finally, your personal injury lawyer will calculate economic and non-economic damages. Economic damages may include current and future medical expenses, damage to property, lost pay and benefits from work, and lost earning capacity. On the other hand, non-economic damages refer to pain and suffering, emotional distress, and loss of enjoyment of life.
Your lawyer can help you determine an appropriate amount that considers the full extent of your injuries and their future repercussions on your life. With a detailed computation such as that crafted by a legal expert, you’re likely to get a reasonable settlement.
As detailed above, a lawyer with extensive experience in personal injury cases can help you obtain a fair settlement. However, if the other party is being unreasonable or uncooperative, you may have to resort to filing a lawsuit to get the compensation you deserve.