Your health is the most prominent thing on your mind after a personal injury. Once you learn the full extent of your injuries, your thoughts may turn to financial compensation because you need to get as much money as possible for your expenses.
If you prove that someone else caused your accident, they must pay you total damages. However, you must follow a lengthy process before you can get a single dollar, with no guarantee of compensation.
Your claim may be denied entirely by an insurance company unwilling to pay anything, or you will get a paltry settlement offer and have little choice but to accept it.
Either outcome is a loss in a personal injury case, and even if you end up with a million-dollar check, it is not a win if you deserve twice that amount. You stand a chance for success if you file a personal injury claim or lawsuit with guidance from an experienced personal injury attorney.
As a personal injury claimant or plaintiff, you have the burden of proof for all aspects of your case. You must prove someone else’s liability before you can even begin discussing actual compensation, and if you cannot carry your burden of proof, you will come away empty-handed. An experienced attorney will investigate your accident and gather the evidence to prove the other party's responsibility.
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After You Prove Fault, You Must Then Work Out the Money
Once the insurance companies accept that their client is at fault, they will negotiate your compensation. They will start from the premise that they intend to underpay your claim by giving you less money than you deserve.
You can foil their plans by hiring a strong personal injury lawyer who has a track record of delivering successful results.
Before you even file your claim, your lawyer has calculated how much you deserve in damages. For complex claims, your lawyer may work with numerous experts to determine a number you should seek.
Some experts who play a role in calculating your damages are:
- Medical experts to understand your diagnosis and what treatment may be necessary
- Vocational experts to know how much you may have lost in income
- Life care planning experts to learn what care you may need in your daily life
Factors That Can Influence the Size of Your Settlement
Your personal injury claim can be worth significant money, and how much you may get depends on how badly the accident has impacted you.
Personal injury damages are precisely that - they are unique to you and your experience. It is possible (and even likely) that two accident victims may have completely different damages from the same injury.
Some factors that can influence the amount of money that you can get include:
- How much insurance coverage the responsible party has
- Whether there is a corporate defendant involved in your case (an employer is responsible for the wrongful actions of their employees on the job under the respondeat superior theory)
- The number of potentially responsible parties (you can file claims against multiple insurance policies, meaning that there is more money available to pay for your damages)
- How hard you fight for the money that you are due
- Whether you have hired a tough personal injury attorney for your claim (studies show that claimants who have hired a lawyer do much better than those who try to represent themselves - even after paying the lawyer for their time)
- What your life was like before the accident
What You Can Receive in Personal Injury Damages
Generally, you may recover economic and non-economic damages for your injury.
- Economic damages should compensate you for your actual financial losses.
- Non-economic damages pay you what you have endured because of the physical and emotional effects of your injuries
You have likely suffered direct financial losses from any personal injury. The first thing that comes to mind is the medical bills that you have paid. Health insurance providers and doctors have a legal right to receive payment for their work, and they may place a lien against your settlement or jury award. In addition, you will receive reimbursement for your cost share, whether it is a copayment or a deductible.
Then, you may have missed time from work because of your injuries, and even if you can work, the accident may have robbed you of what you could do beforehand. Your injuries may have derailed your career and kept you in a lower-paying job. Regardless, you have a right to compensation for the lost income that you could have earned, although the insurance company may dispute whether you can work and how much you might have made.
Non-Economic Damages Are Inherently Subjective
Non-economic damages present particular challenges in a personal injury case. By definition, these damages are subjective and represent what you have reported as the specific impacts of your injuries.
Insurance companies make non-economic damages difficult for you because they will never take you at your word. They have financial motivations not to believe what you say because it means they will have to pay you more.
The bulk of your non-economic damages consists of pain and suffering, and compensation should make you whole for what you have lived with since the accident. You may be in physical pain or suffering from depression because of what you are going through and will endure in the future.
The Elements of Your Pain and Suffering Damages
Pain and suffering is an umbrella term for the many consequences of your injuries.
These damages can include:
- Anxiety
- Depression
- Physical pain
- Scarring and disfigurement
- Loss of enjoyment of life
- Insomnia
You can also receive payment for your emotional distress, provided that you have suffered physical injuries. You can rarely get emotional distress damages without a bodily injury.
Your Pain and Suffering Damages Depend on You
By definition, people will react and respond to their accident injuries differently. You may be more predisposed to depression, or you may have a previous condition that the injuries aggravated. No matter what, the responsible party must pay for your unique damages, not what an average person might have suffered.
The insurance companies will dispute what you have related to the effects of your injuries. In addition, they will try to treat you as the “standard” accident victim, although the truth is that there is no such thing because every situation is different. It is up to you to tell your story, but you need a lawyer representing you to ensure that everyone will listen.
Your lawyer will present the evidence backing your claim (both for liability and your damages) to the insurance company. You will either file a claim against the responsible party’s insurance policy or a lawsuit against them in court. Everything must be on paper for the insurance company to review. They will not draw any inferences, especially when it means that they will have to pay you money.
The Settlement Negotiation Is a Two-Sided Affair
You have some control over how much you may get in a personal injury settlement. You do not have to say yes to anything that does not fully and fairly pay you.
Ultimately, the results of negotiations between you and the insurance companies will determine the value of your case. They do not have the right to impose a settlement agreement on you and cannot determine how much money you deserve.
Instead, the insurance companies make an offer for you to accept or reject because you have the legal right to compensation. They are the ones who have the legal obligation to pay you total damages for your injuries.
Once the insurance company makes an offer, your lawyer will discuss it and tell you whether it is a decent settlement offer. At the outset, the settlement offer will not be close to reality, and your attorney will likely advise you to reject it.
What Happens When a Settlement Offer Is Too Low?
Once you reject a settlement offer, it is off the table.
You will have two options:
- You can counter with a number of your own in continuing settlement negotiations with the insurance company.
- You can take your case to court, and the jury will decide how much you may be due (assuming they agree that the defendant is liable for the accident).
You may have already begun the legal process in court by filing a lawsuit against the responsible party. The insurance companies will still be involved in your case because they will defend their policyholder, and you will continue negotiating a settlement. If you cannot reach a settlement agreement, the jury will determine how much you may get.
What Happens When You Do Not Hire a Lawyer
Without a lawyer, you will not:
- Know how much your case is even worth in the first place
- Know the proper defendant to sue or gather the evidence you need to hold them responsible
- Have any credibility when it comes time to stand up to the insurance company
- Come anywhere close to getting the amount of money that you deserve
You may think you will save money by not hiring a lawyer because you can keep more of your personal injury settlement. However, there is going to be much less of a settlement. Two-thirds of a settlement that fully pays you for your damages can be more than a full settlement that pays you pennies on the dollar.
Why You Must Hire a Lawyer Right After Your Injury
You should hire an attorney at the beginning of your personal injury case because preparing a legal claim or lawsuit complaint may take time, and your attorney must calculate your potential compensation. If you wait too long to hire an attorney, it can make your case much more difficult.
In a personal injury case, time is money in many respects. You need the money that a settlement check will give you, but you can also make mistakes that cost you money when you rush. When you hire a lawyer, you do not have to decide about the timetable alone. A lawyer does the work, and you make decisions in consultations with them.
Your attorney does not make you pay them anything when you first hire them; your obligation to pay your lawyer is contingent on whether you get money in your case.
If you get a settlement or a jury award, you will pay your lawyer a percentage of your proceeds (roughly one-third, depending on the terms of your representation agreement). Meanwhile, you do not have to pay hourly fees, and if you do not win your case, you will not have a hefty bill to pay for your lawyer’s time and services.
What to Expect in a Consultation With a Personal Injury Lawyer
When you consult a personal injury lawyer, you may feel unease and uncertainty. However, know that a consultation is not stressful – in fact, you may find it quite the opposite. A consultation with a personal injury lawyer is an opportunity to alleviate stress and gain clarity about your situation.
During the consultation, the attorney will take the time to listen and understand the details of your case. They will ask you questions to gather all the necessary information and assess the strength of your claim. This initial conversation allows the attorney to evaluate the legal merits of your case and determine the potential for a successful settlement.
One of the key benefits of a consultation is that it provides you with a chance to ask questions and voice any concerns you may have. The attorney will explain the legal process to you and provide you with realistic expectations for your claim. This open dialogue helps to establish trust and ensures that you have a clear understanding of the path forward.
Do not wait any longer to set up your free case evaluation with an attorney and start on the path to a personal injury settlement.