Saturday, November 26, 2022
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Resolving Personal Injury Claims: What You Need To Know

An ideal situation would be life without any accidents. For some people, that may very well be the case. But you could find yourself in a situation that has nothing to do with you. 

Let’s take the example of setting out to go to the office. It is a pretty routine drive that you have taken countless times. But on one unfortunate day, a car rams into you. It becomes obvious that you had nothing to do with the accident. The driver of the other vehicle was drunk and ran a red light.  

Now you’re dealing with injuries and can be sure of huge medical bills. One critical step you must take is to get the services of a car accident lawyer. They will help you resolve your personal injury claims thus higher chances of getting compensation.  

Moreso, the car accident attorneys will also help with settling insurance claims.

Our article explores everything you need to know about resolving personal injury claims.  

Start By Understanding Personal Injury Claims 

A personal injury claim allows you to seek compensation for an injury after an accident. But, the onus is on you to prove that the other person was responsible for what happened. 

In the introduction, we talked about the drug driver running the light. It was through no fault of yours that he hit your car. Your car accident lawyer can offer legal representation to help you get compensation.  

As we stated, the onus is on you to prove that the other party was responsible for the accident. In legal terms, it is the process of proving causation, which looks at:

  • The defendant had the duty of care
  • The defendant breached the duty of care
  • An injury or loss resulted from the breach of duty of care.

Every driver has a duty of care to observe road rules. And that includes observing the traffic lights and responding as you should. Failure to do this can put other people at risk of accidents or even death. 

Driving under the influence is negligence. The same applies to traffic violations, speeding, and distracted driving. Your car accident lawyer will collect evidence from police, witnesses, and reconstruction experts.

Please seek immediate medical advice, even if you do not have visible injuries. Such could present at a later date and need expensive medical intervention. Further, the medical reports will provide critical evidence for your personal injury claim.   

Not All Personal Injury Claim Cases Make It to Court 

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Please note that not all personal injury cases make it to court. If you hire personal injury lawyers in Tampa, they would first recommend an out-of-court settlement. The same should apply to any other reputable attorney for accidents involving cars.  

The reason for avoiding court cases is simple. Litigation can be expensive, emotionally draining, and time-consuming. You could win the case but leave with very little money because of the expenses.   

But Litigation May Sometimes Be the Only Solution 

A common scenario is for defendants to refute any claims. Indeed you can be sure that they do this based on advice from their lawyers. In other instances, the insurance company may offer insufficient compensation.  

So what happens if your personal injury lawyer cannot negotiate a settlement? The only other option would be taking it to court through litigation. 

The personal injury attorney will file a complaint on your behalf. They will then take on other roles like:

  • Preparing the case for trial 
  • Handling the process of discovery, which includes gathering information about the accident 
  • Writing formal requests for documentation
  • Taking depositions and much more. 

There is a lot that goes into litigation. Let the competent team of personal injury attorneys handle the process for you.   

Statute Of Limitation for Personal Injury Claims  

A statute of limitation is the window within which you can file a personal injury claim. Your personal injury or car accident lawyer will let you know what applies in your state. That is why you must hire a personal injury lawyer immediately after the accident. 

The statute’s clock starts ticking the day you suffer the injury. Alabama, Alaska, Arizona, California, and Connecticut are two years. Arkansas is three years, while Florida has a four-year window, etc.

But please note that there may be some special exemptions. You may, for example, not know that you suffered an injury from the accident. It may even come to your attention that the other party was liable for the injury after the deadline. In this case, you have a special exemption under the discovery rule.  

One of the best cases for the discovery rule is asbestos poisoning. You can live with the negative effects for up to 20 years without seeing a symptom. But, once you start to get sick, medical reports show that asbestos is the culprit. The ongoing exposure could be the basis of the discovery exemption.  

Calculating the Value of the Personal Injury

Let’s go back to the example of the auto incident above. One of the things your car accident attorney will calculate is the value of the personal injury. 

If it is a minor accident, it would be possible to calculate recovery time. You may, for instance, need six months to recover from broken bones.  But most serious injuries can be a bit more complex. 

The personal claim will look at the following:

  • Present expenses revolving around treatment. These include consultation, diagnosis, specialist costs, and therapy. Others are costs associated with medical equipment like prosthetics and other devices.
  • Future expenses including surgeries and hospital stay. Others are home care and physical therapy. 
  • Property damage. In the case of the car accident, it would be the loss of or damage to the vehicle.
  • Pain and suffering take into account mental anguish and disruptions to normal life. There could also be a loss of companionship/love in the case of a fatality. 
  • Lost wages/income if you must take time off work when recovering. 

There are many aspects to consider when resolving personal injury claims. That is why we reiterate our point of hiring competent personal injury attorneys.  

Final Thoughts  

You can seek personal injury compensation if another party caused your injuries. We have shared pertinent information you need to know about. But your personal injury lawyer will uncover so much more in greater depth. 

It helps to have the right team fighting for your rights. So, take time to get professional attorneys. They should have the relevant experience to handle your case.