Things to Know About Personal Injury Claims
However, before diving right in with your claim, there’s a lot to learn. You’ll need to hire the right lawyer, learn about the importance of discovery in injury lawsuits, and understand how these cases tend to progress.
For example, if you slip on a wet floor in a supermarket and there was no “wet floor” sign nearby, you should have a strong case against the store. You can argue that they should have provided proper signage and that it’s their fault that you fell. If, however, store workers had put wet floor signs and sealed off the area, but you walked there and slipped due to inattention, your case will be much weaker.
The majority of personal injury cases will simply be settled out of court. That means that the defendant (the one responsible for causing the injury), or their insurance company, will offer the plaintiff or victim a certain amount of money. If the victim accepts, they also agree to settle the case there and then and not take it any further. This can be the best move, as it saves lots of time, hassle, and stress.
Instead, you can find yourself having to handle all sorts of problems and pitfalls. Defendants will refuse to accept blame, insurance companies will try to avoid paying as much as possible, and opposing lawyers could dig into your personal life to look for things to use against you. This is how plaintiffs end up losing cases and missing out on vast sums of money.
Naturally, it’s in your best interests to act fast. Of course, you’ll need to get medical help and treatment for whatever injury you’ve suffered, first of all. But after that, you should get to work on the legal process, finding a good attorney to support you, gathering evidence, and so on. Since the whole claims process can take several months or even over a year, it’s best to start early.
The opposing legal team can be quite ruthless. They might look at your medical records or even check your social media pages. They’ll be looking for anything they can use to cast you in a bad light or make it seem like you’re not telling the truth. For instance, they might try to find a social media photo or post that shows you walking outdoors despite your doctor’s recommendations to rest.
In particular, you’ll need to be patient early on, when picking a lawyer, to avoid hiring the wrong one. You may also need to endure for several months while the claim is processed. During those early stages, insurance companies might try to tempt you into accepting a low offer, simply to put an end to the process. But if you wait and show patience, you can usually get much more.
To Make a Claim, You Need Someone to Blame
One of the first things to learn about personal injury lawsuits is that they only apply in cases when someone can actually be blamed or held responsible for your injuries. You have to be able to show that it was someone else’s negligence or mistake that resulted in you getting hurt. This is an area that often trips people up, especially if they haven’t got much experience with legal matters.For example, if you slip on a wet floor in a supermarket and there was no “wet floor” sign nearby, you should have a strong case against the store. You can argue that they should have provided proper signage and that it’s their fault that you fell. If, however, store workers had put wet floor signs and sealed off the area, but you walked there and slipped due to inattention, your case will be much weaker.
The Majority of Cases Won’t Go to Court
Before beginning a personal injury claim, many people imagine how it might go. They might picture themselves and their lawyer in court, having to defend their argument and prove their injury in front of a judge. But even though that might seem like the way these cases tend to go if you watch lots of TV shows, statistics show that most of them never make it that far.The majority of personal injury cases will simply be settled out of court. That means that the defendant (the one responsible for causing the injury), or their insurance company, will offer the plaintiff or victim a certain amount of money. If the victim accepts, they also agree to settle the case there and then and not take it any further. This can be the best move, as it saves lots of time, hassle, and stress.
This Isn’t Something You Should Try to Handle Alone
Many people have misconceptions about the personal injury process. They assume that everything will flow smoothly, that they’ll receive the money they deserve, and that justice will be served. In a perfect world, that’s exactly how it should happen, but in this world, it rarely goes so smoothly.Instead, you can find yourself having to handle all sorts of problems and pitfalls. Defendants will refuse to accept blame, insurance companies will try to avoid paying as much as possible, and opposing lawyers could dig into your personal life to look for things to use against you. This is how plaintiffs end up losing cases and missing out on vast sums of money.
The Clock Starts Ticking from the Moment of the Injury
Due to the Statute of Limitations, you may only have a certain amount of time to make your claim and seek the settlement you’re entitled to. In most states, you’ll have three years in total to make the claim, and that time limit starts right from the day the injury occurs. If you leave it too long, you risk missing out entirely, as your claim will be rejected and those responsible will have nothing to pay.Naturally, it’s in your best interests to act fast. Of course, you’ll need to get medical help and treatment for whatever injury you’ve suffered, first of all. But after that, you should get to work on the legal process, finding a good attorney to support you, gathering evidence, and so on. Since the whole claims process can take several months or even over a year, it’s best to start early.
Opposing Attorneys Can Be Ruthless
One of the scarier sides to personal injury claims is the fact that opposing attorneys will be doing all they can do disprove your argument and stop you getting the money you’re entitled to. This can be frightening and frustrating, especially when you know that you’ve been wronged and feel that justice is being prevented. However, it’s something that you have to handle as part of the overall process.The opposing legal team can be quite ruthless. They might look at your medical records or even check your social media pages. They’ll be looking for anything they can use to cast you in a bad light or make it seem like you’re not telling the truth. For instance, they might try to find a social media photo or post that shows you walking outdoors despite your doctor’s recommendations to rest.
Patience Is a Necessity
Arguably the most important trait you can have to get you through a personal injury claim is patience. Being able to wait and not rush things is key. It should help you get the best possible result at the end of the process, as well as keeping you calm and collected through some of the tougher moments that may come your way.In particular, you’ll need to be patient early on, when picking a lawyer, to avoid hiring the wrong one. You may also need to endure for several months while the claim is processed. During those early stages, insurance companies might try to tempt you into accepting a low offer, simply to put an end to the process. But if you wait and show patience, you can usually get much more.
Take Your Time and Hire the Right Team
Overall, personal injury claims are rarely simple, seamless, and stress-free. They can be tiring, time-consuming, and unpredictable. But with the best legal aid on your side and the right attitude, you should be able to make it through this difficult procedure and get the best possible outcome, with a fair settlement to compensate for your injuries and hardships.Do You Need An Attorney?
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Posted - 07/17/2023
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