If someone’s negligence recently injured you in an accident, you have a legal right to obtain compensation for your losses. It’s important to understand your rights after a severe accident and the compensation you can be eligible for.
Continue reading to learn what you might sue for in a personal injury claim. You can find out if you have a valid personal injury case by speaking to a personal injury lawyer in your city. A personal injury attorney will offer a free consultation to determine if you have a case that can lead to compensation.
What Is A Personal Injury Case?
Personal injury is emotional and physical harm suffered by someone’s negligence, action, or inaction. A personal injury case can be filed to obtain compensation for medical bills, lost earnings, pain and suffering, and more after a variety of accidents, such as:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Workplace accidents
- Medical malpractice
- Defective products
- Dog bites
- Wrongful death
In every state, personal injury victims are entitled to compensation for damages they suffered by filing a personal injury lawsuit or claim against the liable party. However, winning a personal injury claim or lawsuit isn’t easy. Convincing an insurance company or jury that another party is liable for your damages requires extensive proof. It is also challenging to obtain maximum compensation for your losses. Retaining an experienced personal injury attorney ensures you get the most for your damages.
Most personal injury cases end in a settlement with the liable party’s insurance company. For example, after a severe car accident caused by someone running a red light, their auto insurance company may accept liability and offer a settlement for your medical bills and other losses. A settlement is often preferred for both sides. For the plaintiff, you are assured of a certain amount of money in less time than a trial will take. The defendant may have to pay less in a settlement than if the case went to a jury.
However, some personal injury cases cannot be settled for various reasons. For example, the insurance company may need to offer more money for your losses. In this case, your personal injury attorney may recommend filing a lawsuit and going to court to convince a jury.
Compensation Available In Personal Injury Claims
There are three significant damages you can recover compensation for in a personal injury claim or lawsuit. You can be entitled to some or all of these damages, depending on the strength of evidence in your case:
- Economic: This is compensation that can be easily calculated, including medical bills, property damage, and lost earnings. You and your attorney can add your past and current medical expenses and lost earnings. Medical bills include ER and ambulance expenses, hospital and surgery bills, rehabilitation, and prescription drug costs. You also may be entitled to future medical expenses and future lost income if you have a severe injury.
- Non-economic: This compensation is subjective, so you will need an experienced attorney to negotiate for the maximum payment. This type includes physical pain and suffering, mental and emotional anguish, scarring, loss of companionship or consortium, etc. The insurance company will attempt to pay less for pain and suffering, but your attorney will use all available medical evidence to argue for the most possible.
- Punitive: This compensation is less common and punishes defendants who engage in especially reckless behavior. For instance, a severely intoxicated driver can be ordered to pay punitive damages because of their reckless disregard for your safety.
You should have a personal injury attorney handle your case so you will maximize your compensation. A trained personal injury lawyer knows how to accurately value a personal injury claim. You want to ensure you get the most money for your losses. After all, you can require months of medical care and recovery, which will cost a lot of money.
Every personal injury claim or lawsuit must prove negligence or wrongful action by a preponderance of the evidence. There are four elements of negligence that your attorney must prove to obtain compensation for you:
- Another party had a duty of care to you. For example, a car driver has a duty of care to drive safely and not injure other motorists and pedestrians.
- The other party violated their duty of care: For example, a car driver ran a red light and hit your truck.
- The duty of care violation injured you: For example, you broke your arm in the accident.
- You suffered damages because of the injury: You have $10,000 in medical bills and lost earnings.
Your attorney must prove these elements for your case to lead to compensation. You will generally receive compensation in a settlement, but some personal injury cases go to trial.
Your attorney will inform you of your case’s progress and if a settlement has been offered that is fair compensation for your losses. If not, your personal injury attorney may advise going to a trial by jury. However, deciding whether to settle or go to court is yours. You need to balance the potential of getting more money at trial with the chance of losing and receiving nothing. A settlement ensures you receive something for your medical bills and related damages.
What Does A Personal Injury Attorney Do?
There are many reasons you should hire a personal injury attorney to represent you after an accident caused by another party:
- Maximize your settlement: A personal injury lawyer is compensated based on the compensation they obtain for you. They work by contingency agreement, so their pay increases when they obtain more for your losses. For example, many personal injury attorneys receive 33 percent of their client’s settlement or jury award. The more you get, the more they get. This financial incentive means you can count on your lawyer to fight hard for the most economic and non-economic damages.
- Prove your case: Your case must be proven by a preponderance of the evidence. For example, your lawyer will assemble the evidence after a car crash to build the best case against the liable driver. Your attorney may use critical evidence to prove negligence, including photos and videos, eyewitness testimony, crash scene evidence such as tire marks, expert witness testimony, and police reports.
- Find insurance policies to compensate you: Several insurance policies can compensate you, such as when several people are responsible for the accident. Your attorney knows how to uncover all sources of potential compensation.
- Consult with your medical team: Your attorney must work with your medical team to understand your injuries and prognosis. They may ask for statements from your doctors to prove your injuries were caused by the accident. Also, your lawyer will work with your doctor to understand your future medical costs.
- Negotiate with insurance adjusters: Every insurance company wants to pay as little as possible to an injury victim. Your personal injury lawyer knows how to negotiate with insurance companies for more compensation. Your lawyer can take the case to court if the adjuster won’t pay enough.
- Represent you in court: If the case doesn’t settle, your attorney can take the case to a trial by jury.
- Provide legal guidance: The personal injury case process is complex, especially with serious injuries. There is a lot of paperwork, insurance negotiation, and court paperwork if the case goes to trial. You should have an attorney handle these details so you can focus on recovery.
- Level the playing field: You can bet that the defendant’s insurance company will have several aggressive attorneys dedicated to shortchanging you. You level the playing field by having an equally skilled attorney fighting for your rights and compensation.
What Factors Affect A Personal Injury Settlement?
A personal injury case can be settled for thousands or millions of dollars. What you receive depends on many factors, so you can’t expect one ‘average’ settlement. However, it can be said that the following factors influence a personal injury settlement;
- The severity of your injuries: A severe injury will lead to a higher potential case value. For example, a serious head injury or spine injury can result in a large settlement, while a broken arm or leg is less. Severe injuries cause more disability, pain, and recovery, so the case value is higher.
- Cost of medical expenses: A severe head injury can necessitate years of care and rehabilitation, so the case value will be higher than for a broken arm that is completely healed after three months.
- Degree of pain and suffering: A minor injury will have less pain and suffering than a broken hip or leg.
- Whether the case settles or goes to trial: Settlements are generally lower than the full case value, which may be reflected in the jury verdict and award. However, a jury trial has an uncertain outcome, and the possibility of getting nothing must counterbalance the potentially higher compensation.
- The amount of insurance coverage: Many auto accidents settle for policy limits. Most states have minimum insurance requirements, such as $30,000 per accident.
Do You Need A Personal Injury Attorney For Your Case?
Most personal injury victims should hire a personal injury attorney to represent them. This is because most personal injury claims involve injuries and other damages. A personal injury attorney has the experience, skill, and financial and legal resources to maximize your settlement or jury award.
Not hiring an attorney for your personal injury case can be disastrous. For example, suppose your car is hit by a commercial truck in an intersection because the driver was distracted and ran the stop sign. After the accident, you feel ‘ok’ and decide not to go to the doctor or call an attorney. You negotiate a settlement with the driver’s insurance company for your vehicle damages.
However, a month after you settle the case, you notice numbness in your extremities, and it doesn’t go away. You go to the doctor and discover you have nerve damage from damaged discs in your neck and back, most likely caused by the truck accident. Now, you have tens of thousands in medical bills for surgery and rehabilitation, and you can’t work for six weeks. All of these expenses will come from your pocket. You can’t reopen the personal injury claim you settled without an attorney. The case is over.
In this example, you should have had the case reviewed by a personal injury attorney and immediately received medical attention. An attorney would have ensured you received prompt medical attention and obtained fair compensation. If you had a severe injury in your back and neck, the attorney would have recommended waiting until your treatments were complete and the prognosis clear before negotiating a settlement. You should only agree on a settlement once you understand your full damages.
Anyone with even a hint of injuries in a personal injury case should have the case reviewed by a skilled personal injury lawyer. They’ll tell you if there is a case or not. They’ll let you know if your case won’t lead to compensation – either because you were at fault or because of a lack of injuries. Personal injury lawyers only receive payment if their efforts compensate the injured victim.
What Is The Statute Of Limitations?
It’s essential to hire a personal injury attorney in your state who is familiar with the statute of limitations. This is the time limit you have to file a personal injury lawsuit for your economic and non-economic damages. Many states have a two- or three-year time limit for filing a claim, usually from the accident date.
Ensure you retain an attorney quickly so you don’t miss the statute of limitations. You will be barred from financial recovery at that point.
Contact An Experienced Personal Injury Attorney Today
Were you injured recently in a motor vehicle crash or another accident? If another party caused your injuries, you shouldn’t have to pay out of pocket for your losses. You can be entitled to compensation for your economic and non-economic losses. Contact an experienced personal injury attorney in your community today for a free consultation. You do not have to pay if your case doesn’t compensate you, so there’s no financial risk.
