If you suffered injuries in an accident that a negligent individual or entity caused, you may be eligible to recover compensation for your medical expenses, lost earnings, inconvenience, pain and suffering, and other losses. In most situations, you will be dealing with the insurance company for the at-fault party. However, you shouldn't handle talks with insurance company adjusters on your own. This is because adjusters frequently try to deny or undervalue personal injury claims and will do everything possible to avoid a significant payout.
A knowledgeable personal injury attorney, on the other hand, can handle every step of the claims-filing and settlement negotiation processes for you. Your attorney will aggressively advocate for your rights in pursuit of the settlement or litigation compensation you deserve.
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Types of Personal Injury Insurance Claims that Arise from Others’ Negligence
Personal injury claims arise when an individual suffers harm due to someone else’s negligence. These claims allow the injured party to seek compensation for their losses. Here are some of the most common types of accidents that lead to personal injury claims and lawsuits:
- Car Accidents – Car crashes are one of the leading causes of personal injury claims. When a driver fails to follow traffic laws, drives recklessly, or becomes distracted, they can cause accidents resulting in injuries. Victims of car accidents may file a claim against the at-fault driver (or their insurer) to recover damages for their medical expenses, lost income, and pain and suffering.
- Slip and Fall Accidents – Property owners are responsible for keeping their premises safe. If a person slips, trips, or falls due to a hazardous condition like a wet floor, uneven pavement, or poor lighting, they may have grounds for a personal injury claim. These cases often involve proving that the property owner knew about the danger and failed to address it.
- Dog Bites – Dog owners can be held liable if their pet bites someone. The victim can file a personal injury claim against the owner to recover compensation for medical treatment, scarring, and emotional trauma. Some states have strict liability laws, meaning the owner is responsible for the bite, even if the dog has no history of aggression.
- Defective Products – When a product malfunctions or is unsafe for use, and causes injury, the manufacturer, distributor, or retailer may be held liable. These claims, known as product liability claims, can arise from defective car parts, electronics, or even household items. Injured consumers can seek compensation for their injuries by proving that the product was inherently dangerous or had a design flaw.
In all of these cases, the key to a successful personal injury claim is proving that the other party’s negligence directly caused the injury. An experienced personal injury attorney can help victims navigate the legal process and fight for the compensation they deserve.
Why do Insurance Companies Undervalue Personal Injury Claims?
Insurance companies often undervalue personal injury claims, leaving victims frustrated and unsure how to obtain fair compensation. Several reasons explain why insurance companies act this way:
- Profit Motive – Insurance companies are businesses, and like any business, they aim to maximize their profits. One way they do this is by paying out as little as possible on claims. The less money they pay in settlements, the more they can keep for themselves. This creates a strong incentive to undervalue claims, even when the claimant is entitled to more money.
- Complexity of the Claim – Insurance adjusters may use the complexity of a claim to their advantage. If the claim involves multiple factors, such as long-term medical treatment, ongoing pain, or lost future earnings, the insurer may downplay these aspects. They know that proving such damages can be challenging, and they may offer a low settlement, hoping the victim will accept it rather than face a prolonged fight.
- Lack of Legal Representation – Insurance companies are more likely to undervalue a claim if they know that the claimant doesn’t have an attorney. Without legal representation, victims may not fully understand their rights or the true value of their claim. Insurers often exploit this by offering a quick, low settlement, assuming the victim won’t push back.
- Disputing Liability – Another tactic that insurance companies frequently use is disputing liability for the accident. They may argue that their policyholder wasn’t entirely at fault or that the victim shares some responsibility for the accident. By doing so, they can reduce the amount they have to pay out or justify a lower settlement offer.
- Delaying the Process – Time is a powerful tool for insurance companies. By dragging out the claims process, they can pressure victims who are facing mounting medical bills or financial hardship to accept a lower settlement just to get some money quickly. This tactic preys on the desperation of those who need compensation to cover their expenses.
- Downplaying Injuries – Insurance adjusters often try to downplay the severity of injuries. They may argue that the injuries aren’t as serious as the victim claims or that they were pre-existing conditions. This strategy is designed to reduce the compensation owed to the victim.
Victims should be cautious and should always consult with an experienced personal injury lawyer to ensure that they pursue fair compensation for their losses.
How Can a Personal Injury Lawyer Help When Dealing with Insurance Companies?
Dealing with insurance companies after a personal injury can be overwhelming. Insurance companies often try to minimize payouts, making it difficult for injured individuals to get the compensation they deserve. This is where a personal injury lawyer comes in. Here’s how a lawyer can handle the insurance company on your behalf:
- Understanding Your Rights – Personal injury lawyers are familiar with the laws surrounding your case. They know what compensation you’re entitled to recover, whether it’s for medical expenses, lost income, pain and suffering, or other damages. With this knowledge, they can ensure that the insurance company doesn’t take advantage of you by offering less money than you deserve.
- Gathering Evidence – A lawyer will gather all of the necessary evidence to build a strong case. This includes medical records, accident reports, witness statements, and any other documentation that supports your claim. The more solid the evidence, the harder it is for the insurance company to deny or undervalue your claim.
- Handling Communication – Insurance companies often try to trip up claimants with confusing questions or tactics designed to get them to admit fault or downplay their injuries. A personal injury lawyer will handle all communication with the insurance company, ensuring that nothing you say can be used against you. They know how to negotiate with adjusters and won’t be intimidated.
- Negotiating Fair Settlements – One of the primary roles of a personal injury lawyer is to negotiate a fair settlement on your behalf. They’ll review any offers the insurance company makes and advise you on whether it’s fair or if you should push for more. Attorneys understand the true value of your claim and won’t settle for less than what you’re owed.
- Filing a Lawsuit if Necessary – If the insurance company refuses to offer you a fair settlement, your lawyer can file a lawsuit and take the case to court. This step shows the insurance company that you’re serious about getting what you deserve. Often, the threat of a lawsuit alone can prompt a more reasonable settlement offer.
- Reducing Stress – Dealing with an injury is stressful enough without having to battle an insurance company. A personal injury lawyer takes on this burden, allowing you to focus on your recovery. They’ll handle all the legal aspects of your claim, ensuring you’re not overwhelmed by the process.
What Happens if a Personal Injury Case Doesn’t Settle?
When a personal injury case does not settle, the next step typically involves litigation. This means the case moves from negotiations to the legal system, where a judge or jury will decide the outcome. There are two main paths a case can take during litigation: going to trial or pursuing alternative dispute resolution (ADR).
Trial:
Taking a personal injury case to trial is often the last resort when settlement negotiations fail. During a trial, both sides present their evidence and arguments to either a judge or a jury. The plaintiff (the person who filed the lawsuit) will try to prove that the defendant (the person being sued) is liable for their injuries and should pay compensation. The defendant, on the other hand, will argue why they should not be held responsible or why the compensation should be less than what the plaintiff is seeking. Trials can be lengthy and expensive, but they allow each party to present their case fully and have a neutral party make the final decision.
Alternative Dispute Resolution (ADR):
If both parties want to avoid the time and expense of a trial, they may consider various ADR methods. The most common forms of ADR are mediation and arbitration.
- Mediation – This is a more informal process where a neutral third party, called a mediator, helps both sides reach a settlement. The mediator does not make decisions but facilitates discussions to help the parties come to a mutually acceptable agreement. Mediation is often quicker and less adversarial than going to trial, making it an appealing option for many.
- Arbitration – In arbitration, a neutral third party, known as an arbitrator, hears the evidence from both sides and makes a binding decision. Arbitration is somewhat like a trial but is usually less formal and quicker. The arbitrator’s decision is final, and there are limited grounds for appealing it.
Compensation I Can Recover in a Personal Injury Claim or Lawsuit
When you file a personal injury claim or lawsuit, you can be awarded compensation, often referred to as “damages.” These damages are intended to cover the losses you’ve suffered due to someone else’s negligence or wrongful actions. The compensation you can recover generally falls into two main categories: economic and non-economic damages.
Economic Damages:
Economic damages are the financial losses you incur as a result of an injury. These are usually straightforward to calculate because they are based on actual costs and expenses. Common types of economic damages include:
- Medical Expenses – This includes the cost of all medical treatment related to your injury, such as hospital bills, doctor visits, surgeries, physical therapy, prescription medications, and any future medical care you may need.
- Lost earnings – If your injury prevents you from working, you can recover compensation for the income you’ve lost. This also includes any future loss of earning capacity if the injury affects your ability to work or forces you to take a lower-paying job.
- Property Damage – If any of your property, like your car or personal belongings, was damaged in the incident, you can seek compensation for the cost of repairs or the replacement value.
- Out-of-Pocket Expenses – You can also recover any other expenses you had to pay because of the injury, such as transportation costs to medical appointments, the cost of hiring help for tasks you can no longer do, or any home modifications needed for accessibility.
Non-Economic Damages:
Non-economic damages compensate you for the more intangible losses that don’t have a specific dollar amount. These are often harder to calculate but are equally important in a personal injury claim. Common types of non-economic damages include:
- Pain and Suffering – This compensates you for the physical pain, anxiety, or emotional distress resulting from your injury.
- Loss of Consortium – If your injury affects your relationship with your spouse, such as losing companionship or the ability to maintain a sexual relationship, you may be entitled to compensation for loss of consortium.
- Emotional Distress – In some cases, you can recover damages for emotional suffering, such as trauma, anxiety, or post-traumatic stress disorder (PTSD) resulting from the incident.
Overall, the compensation for damages you can recover in a personal injury claim or lawsuit aim to make you as whole as possible after an injury, covering both your financial losses and the emotional effect of the incident.
Talk with an Experienced Personal Injury Lawyer in Your Area Today
You have legal options available if you suffered injuries in an accident that a negligent individual or entity caused. A skilled personal injury lawyer can handle all talks with insurance company adjusters and aggressively negotiate on your behalf. Moreover, if the insurance company will not make you a reasonable settlement offer, your lawyer can pursue available litigation options in your case, such as trial or ADR. Don't delay, call a seasoned personal injury attorney today.
