When it happens that either you or your loved one is injured in a car accident, you are entitled to get compensation for it. Anyone who has been in even a minor car accident needs to go to the hospital and get themselves checked for injuries. It is essential to ensure one’s wellbeing before moving forward with lawsuits.
The insurance company may fight tooth and nail to avoid settling your claim, but an accident lawyer can help you with it quite easily. If your loved one has died, a wrongful death attorney can help you with your case.
Seeking compensation from the negligent party may be a tougher task, so these few tips can help ensure you receive a fair compensation:
The Statute of Limitations
According to the US law, if you are involved in an accident that happened because of the negligence of another party, you must file a case against the party within a specified time. If that time elapses, then you cannot sue the negligent party. Make sure that you do not waste a lot of time just thinking about the case and file it before it’s too late.
It is crucial to ensure that you have records of all the bills paid by you because of the accident, including medical expenses and vehicle repairs. If these documents are filed properly, then the settlement process can be expedited.
Calculate a Settlement Amount
Based on all the bills you have, calculate the sum of money you have had to incur because of the accident. Take into consideration the hidden costs while calculating the fair settlement. Hidden costs will include the cost of transportation to go to the doctor, additional childcare expenses, and more.
Do not accept the First Offer
When it comes to resolving the claim, few people would want the case to go to court. Most parties try to settle it among themselves. The negligent party may give you a low settlement offer. Do not come under pressure and accept the offer. This may be a tactic to let the negligent party off in a moderate amount. Make sure that you get the sufficient and fair offer or let the case go to trial. You can always give a counter offer which is fair.
To help you seek a fair compensation, a personal injury attorney can prove to be a big help. Retain an attorney to help your case.
A personal injury settlement is an arrangement made by the complainant and the insurance company of the defendant in a way to compensate for the loss or damage brought upon by the negligent or devastating act made by the accused party.
There are too many situations by which an accident injury may occur. Whether at home or outside, even if you are a very careful person, then it does not mean that rest of the world is perfect. One thing you can only really do is to protect yourself from painful consequences of the personal injuries and, if anything happens to you, all you can do is claim for personal injury compensation to get the money you need.
In most cases, coming up with a decent personal injury settlement is the main goal of the claims. We want proper compensations for the damages done to us or to our loved ones. In reality, there isn’t a minimum or maximum amount of money involved when on negotiating for your settlement claim. But certain standards must be met to make sure your personal injury settlement is legally acceptable and valid based on your claims. Most settlements are monetary, but there are always exemptions to the rule.
3 Legal Baseis Used To Determine Personal Injury Settlement Amount:
First one is the nature and extent of loss or damage. If you’re acting for a person who has died due to the accident caused by the negligent party, your settlement fee may be a substantial amount. Severe injuries included loss of a body part or function of a body part also increases the settlement amount to atone for things that will be directly compromised by the loss.
The second consideration is given for the amount of economic damages caused by the event such as medical bills, lost wages, and some others. If properties were involved in the accident, the negligent party will also have to provide compensation for the damages or loss due to the damages. However, another claim may have to be filed for cases involving damage to properties.
Your third basis would be the duration of the injury. There are cases where a certain accident could cause lifetime loss for the plaintiff and therefore, the settlement may also have to compensate for a duration of a lifetime. Some settlement cases will only extend up to the time that the plaintiff has fully recovered.
A personal injury settlement may cover all three considerations but there are times when it can only cover one or two this really depends on the negotiations and final decisions. If you’re a plaintiff handling your own case, you must be smart enough to outwit the adjusters. Otherwise, you’ll get overwhelmed by their almost convincing statement of “facts” about settlements and “how things must work”. If you know you haven’t got any chances of winning against these merciless adjusters, it may be much better if you can hire your own personal injury lawyer.
One can be a victim of an accident that just simply was not her fault and received an injury then; you should try to talk to a personal injury attorney. They can tell you if you are going to be eligible for receiving compensation from whoever is deemed to be responsible either directly or through negligence for causing your injury.
First of all, you should do a search online for your location. You are going to be faced with links and adverts for companies who specialize in this type of case, and they can be based anywhere in your country and not just in your home town.
It is important to get someone who specializes in these kinds of injury cases as they are going to be aware of all the ins and outs which are going to give you the best possible chance of winning. But before you pick a lawyer it is best that you look into their background. It is also important to know how long the company has been established as then you know you are going to have a wealth of knowledge to learn from. This is stuff that cannot be learned from a textbook and they are going to have seen every possible trick in the book from the people you are suing as they try to get out of paying you compensation.
You should still check that they belong to organizations or associations that are linked to lawyers within your area before you use anyone. This is going to help you to know that they are not only qualified but also certified by the appropriate authorities so you know they are going to be reliable and if you have never heard of the association then simply look them up online. It is always a lot easier if you know someone who has also had to use a personal injury lawyer as you can at least then ask them who they used. A personal recommendation is beneficial as you can ask them all kinds of questions especially those connected to the relationship that they had with the lawyer.
This is important because you need to feel that you can trust the lawyer and the advice that they give. It is entirely possible that you will never meet them face to face, but even with this they can still be a good lawyer to use. The only difference is you need to ask them, even more, questions on the phone. When it comes to the costs that can rack up with a lawyer, you should try and get one that offers a no win no fee deal.