You’re in a car accident, and your injuries aren’t severe, but the other driver’s insurance company refuses to cover your damages. How could you avoid a similar situation in the future? The Clark Law Office shares 11 things everyone should know about personal injury lawsuits.
- Filing a Personal Injury Lawsuit is a Limited Time Process
Every state has a statute of limitations for personal injury lawsuits. A statute of limitations sets the deadline for suing someone who was negligent during an accident. Unless you file your lawsuit within this time frame, the court will dismiss the case, and you lose the right to sue them.
Statutes of limitations differ in every state, as mentioned, so you’ll have to determine what applies to you. This ensures timely filing of the lawsuit.
- There’s No Guarantee You’ll Win Your Personal Injury Lawsuit
Just because you have a valid personal injury claim does not mean that you will automatically win your lawsuit. The defendant may try to argue that you were at fault for the accident, or they may dispute the severity of your injuries. It is up to the court to decide who is liable for the accident and how much compensation should be awarded to the victim.
In some states like New York, the no-fault rule is enforced. If you feel that the other party is entirely at fault, you need to build up a case. Even then, the pure comparative fault rule will be followed, so both parties will share the blame for the accident. The claim on both sides will be computed accordingly. If you want to find out more about compensation, you may click here.
- The Insurance Company is Not on Your Side
When you are injured in an accident, the insurance company of the person who caused the accident is not automatically on your side. In fact, they are likely to try and pay you as little compensation as possible. This is why it is important to have an experienced personal injury lawyer representing you during negotiations with the insurance company. Lawyers with a good track record will be sure to help you build up a strong case so that you’ll be rightfully compensated.
- You May Get a Settlement Without Going to Court
If you are injured in an accident, the insurance company may want to settle your case as quickly as possible. Sometimes, a settlement offer will be made before you even file a personal injury lawsuit. You have to weigh the pros and cons and assess whether what the offering is right and just.
While settling outside of court can save time and money for both parties, it is important that you consult with a lawyer before agreeing to any settlement offer.
- Your Lawyer will Take a Cut of Any Money You Win Your Personal Injury Lawsuit
In most cases, personal injury lawyers work on a contingency fee basis. This means that you will not have to pay them anything unless they win your case. If they successfully win compensation for you, their fees and costs will come out of the settlement or judgment amount awarded by the court before you receive any money.
- You Can’t Sue The Government For a Personal Injury
If you are injured because of the negligence of a government employee or agency, you cannot sue the government for damages. Instead, you must file a claim with the appropriate government entity. The process for filing a claim can be complicated and it is best to have an experienced personal injury lawyer help you navigate through the system.
- A Personal Injury Can Include Physical, Emotional, and Financial Damages
While physical injuries are the most common type of injury in accidents, there may be other types of damages as well.
For example, if you have been injured in a car accident, you may have sustained emotional distress from watching another person get killed or seriously injured. You may also suffer lost wages and medical expenses because of your inability to work after the accident. In such cases, you are also entitled to compensation for these damages. These claims need to be backed up by sufficient medical assessments from reputable doctors that might cost a lot. But if you’re, indeed, affected mentally and emotionally, and if this is proven, you might get a considerable amount for your suffering.
- If the Other Person Was at Fault, They May Have to Pay Your Legal Fees
If you are successful in your personal injury lawsuit, they may order the defendant to pay your legal fees. This means that you will not have to pay the lawyer on your own.
- It’s Important to Keep Track of All Your Medical Expenses Related to the Accident
It is important to keep track of all your medical expenses related to the accident, even if you are not sure whether you will file a lawsuit. This information can help your lawyer prove that you have suffered damages because of the accident and are entitled to compensation.
- You Can’t Collect Workers’ Compensation and Sue For A Personal Injury At The Same Time
If you are injured at work, you cannot collect workers’ compensation and sue for a personal injury at the same time. This is because workers’ comp benefits replace lost wages while covering medical expenses related to an on-the-job injury. Thus, hiring the best work injury lawyers in your state is essential. If you’re living in Los Angeles, for example, there are highly reputable work injury attorneys you can find. Here, Greenberg and Ruby Injury Attorneys offer legal assistance to help you win the case and receive full compensation for your work injury.
- The Attorney You Hire Matters, A Lot
The lawyer you hire to represent you in your personal injury lawsuit is important. Not all lawyers have the experience or knowledge necessary to successfully win a case. So, research potential lawyers before hiring one, and ask for references from past clients. It would also matter if the lawyer you hire has extensive experience in your locality and is fully knowledgeable of the rules that govern your state. Otherwise, you might not have a winnable case.
When an accident happens, it’s important to have a support group to help you weather this rocky situation. Your family and friends must be able to assist you because, if you’re incapacitated, you won’t be able to get back up and resume your life. These people may also help you successfully go through the legal process so that you can receive rightful compensation.