There are lots of different aspects that come into play when determining if you have a personal injury claim. Here are the top basic requirements for a Personal Injury Claim:
- You need to file a personal injury claim when the responsible party proved to be careless.
- You must file a case if the negligence caused personal injury.
- You must file a claim if the injury caused some kind of harm. You are entitled to get compensatory damages.
Keep in mind that every case and situation is different. There are many factors that affect whether you have a personal injury case. While consulting with an experienced personal injury attorney, they will assist you in determining if you have a case in the first place! They will check whether you truly have a valid personal injury claim. Accordingly, they will help you to proceed. For this, they review certain factors that will affect whether you have a case or not. Some of the factors include the severity of your injuries or damages; whether the defendant was negligent; whether the defendant’s negligence caused your injuries or damages etc.
The value of your case depends on multiple factors. Keep in mind that every case is different. It helps you to get a more specific idea of the value. You must consult with an attorney for the same. A good personal injury attorney will help you look at the value of your case. The most vital aspect of your accident is that you receive any medical care.
What is the role of your personal injury lawyer?
After initial meetings, your lawyer will investigate your claim. This generally requires a review of certain things. These are witness statements, police reports, a possible visit to the scene of the incident, a review of appropriate laws and a review of all medical reports.
What is a contingent fee agreement?
In every personal injury case, your attorney will be paid by keeping a percentage or portion of the final settlement or court award. They usually discuss the percentage with you. It will be the subject of what is called a contingent fee agreement. The law usually requires for your protection and that of your lawyer. Also, a written contract is required that specifies the fee he/she will charge. Thus, there will be no misunderstanding about how much your case will cost.
What steps can you take to convince the insurance company that you have a valid claim?
It is more than important for you to recover as quickly as possible from your injury. Usually, insurance company personnel believes those people who try a good deal to recover from their injuries. Insurance companies also believe those people who can document their injuries through medical bills, credible medical reports and lost wage information.
How long does it take for your case to settle?
In the early stages of your personal injury claim, you must predict when that particular claim will actually settle. Some cases settle in a few months after the injury. However, there are some that take years to settle. These often end up going to trial.
What is the cost of your personal injury case?
It is not easy for you to predict the value of a case until all of the information has been collected. Also, you must have recovered or almost recovered from your injury. There are certain factors that determine the value of a case and reasons for settling. Some of these include the actual amount of all of your medical bills, the income and other employment benefits that were lost because of your injury, whether or not any aspect of your injuries are permanent, etc. This might include permanent disfigurement like scars, blemishes, etc.
How long does it take to get your compensation?
Once an agreement has been reached between the insurance company and you, it generally takes between two and six weeks to complete the settlement process. Certain exceptions might apply here. However, it usually takes a month to sign all documents, receive the check, and figure out the exact proceeds for each party.
The insurance company will require you and your spouse to sign a release. This is a document that contributes to the settlement of your claim. The release states that you are forever giving up your right to sue the person, persons or company who was responsible for your injuries. In exchange for giving up your claim, you will get a certain sum of money. This happens once the insurance company receives the release.
Then, your lawyer will have to pay medical bills that have not been paid. They may be required to reimburse any insurance company that has expended money for medical bills. Also, your lawyer will deduct attorney’s fees, out-of-pocket expenses, and other costs related to the claim. Once all deductions have been made, you will receive the balance in a check processed from your own attorney’s office.
What are some factors that might make your case go to litigation?
There are certain reasons why a case does not settle. Here are some of the basic reasons involved:
As per the insurance company, you and your lawyer have asked for more money than they are willing to pay voluntarily for the claim.
Liability is either being denied by the insurance company or the insurance company believes that you and/or some other party bear some responsibility for your own injuries.
The insurance company does not believe that you were injured.
What are economic and non-economic damages?
Economic damages are those that are quantifiable expenditures or financial losses. These can be directly attributed to the injury suffered. Economic damages can be relatively easy to calculate. This is more so if you are diligent about keeping thorough personal records of all you spend or lose due to your injury.
Non-economic damages are the proverbial pain and suffering damages. These are mainly designed to compensate you for any emotional or psychological damages that might be caused due to the accident. It is not really easy to place a value on these damages.