Mishaps occur from time to time leading to injuries and sometimes death. These incidents can be traumatic for the victims as well as their loved ones. Where a person sustains injuries as a result of the negligence of another, they may want to receive compensation to cover whatever financial cost they may have incurred in the process.
“Personal injury cases are one of the most common civil lawsuits and a competent attorney can help you learn more about your legal possibilities,” says Amy Gaiennie. “Different incidents can result in a personal injury lawsuit. However, the victim must prove that the injuries they suffered resulted from another’s negligence before they can be awarded their claim.”
What is a Personal Injury Lawsuit?
Personal injury cases come up when an individual suffers harm due to the failure of another person to exercise extreme care. The injured person must have incurred financial costs due to the injury. These costs may include medical bills, damaged property expenses and/or emotional pain suffered by the victim.
The negligent party’s insurance company is required to pay compensation that would offset the expenses incurred by the victim due to the injuries. Most personal injury cases are settled outside the court. Once the parties can agree on a settlement amount, there would be no need to file litigation.
However, there are times when the parties fail to reach an agreement. This usually happens when the negligent party’s insurance company offers the victim a settlement amount below the expected total. In that case, the injured victim can file a lawsuit and have the court decide the settlement total. Either way, an injured person will need a diligent personal injury attorney to represent them.
Why Do You Need a Lawyer for Personal Injury Cases?
A person with an injury case may decide to get compensation without involving a personal injury lawyer. However, it is best to work with a lawyer as doing so increases your chances of getting due compensation.
An attorney can help your personal injury case in the following ways by:
#1. Examining the Facts of the Case
Not all incidents qualify as a personal injury case, and the victim may not know if they have a case. A personal injury lawyer will go through the case and determine if the case has merit as well as the possibilities if you decide to file a claim.
The lawyer will also advise on the best possible approaches for injury compensation. Sometimes, an out-of-court settlement may be the best option based on the circumstances of the case. Having a lawyer who understands personal injury lawsuits can help save you valuable time, energy, and money.
#2. Helping You Prove Your Case
Individuals who file a personal injury lawsuit are required to prove that their injuries resulted from the defendant’s negligence. Without establishing negligence, the court will not award them compensation.
A personal injury lawyer can help gather and analyze evidence to prove your case. The victim may not have the time to go through different documents to prepare their case. However, a personal injury lawyer may make it easier to focus on getting better while they work on getting compensation for the victim.
#3. Negotiating with Insurance Companies for Settlement
Many insurers naturally would do anything possible to avoid paying compensation. Where the insurers cannot avoid payment, they want to pay as little as possible. The insurance company looks for loopholes in your story to avoid paying compensation.
A seasoned personal injury attorney may have a lot of experience with cases like yours and knows how best to negotiate with insurers. The attorney can take over the negotiation and help you get the highest compensation.
#4. Assisting with the Case Filing
There are stipulated processes that injured victims are required to go through to get compensation for their injuries. Some cases have time limits within which the victims is expected to file for compensation or risk forfeiting their claims.
A personal injury attorney is familiar with the case filing process and this experience can come in handy in ensuring you get due compensation.
#5. Handling the Paperwork
A lot of paperwork is required when filing for compensation, whether going through the court or settling outside court. The victim is required to notify the insurance company, file the initial claim, prepare documents at different stages and prepare for trial.
Having a legal expert handle the paperwork can help save you from stress and unnecessary errors that may jeopardize your chances of getting compensation.
#6. Filing an Appeal
If you lose the case and want to appeal, working with a lawyer can take the burden of going through different processes off your shoulders.
The attorney may reevaluate the trial and advise on your chances of succeeding before filing an appeal.
Things to Consider Before Hiring a Lawyer
An attorney plays a significant role in determining your case’s outcome. Therefore, before hiring an attorney for your personal injury case, ensure that:
- They have relevant experience in similar cases
- They have recorded success in court trials which can be critical if you decide to file a lawsuit
- They are not very busy to attend to your questions and concerns
- They are someone you are comfortable working with
- The lawyer is highly recommended
- They do not make unrealistic promises
Bottom Line
Being injured due to another’s negligence can be an overwhelming experience for the victim and their loved ones. The injured person needs to concentrate on getting better, which is why they would require a personal injury lawyer to help them get their due compensation. Therefore, if you sustained injuries in an accident, ensure you contact a personal injury attorney.
