What Can I Expect From a Personal Injury Claim?

What Can I Expect From a Personal Injury Claim?

If someone else’s bad behavior led to your injuries, you can pursue a personal injury claim against them. But most people don’t know what to expect.

Consulting an experienced personal injury lawyer can ease some of your concerns and allow you to make informed decisions throughout the process. They will also explain what you can expect from your personal injury claim.

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Personal Injury Claims: Insurance vs. Litigation

When someone suffers injuries for which another party is to blame, they can seek compensation from that party in two main ways: an insurance claim filed against a relevant policy, or a personal injury lawsuit. But what is the difference between these similar processes?

Insurance Claims

Filing an insurance claim is the first step in seeking compensation after many injuries. Here, the injured person’s lawyer works directly with the insurance company of the person who caused their client’s injuries.

In a personal injury claim, both sides discuss the injury, how it happened, and how much money is necessary to cover medical bills, income losses, and other injury-related harm.

If both sides agree on an amount, the insurance company pays, the injured party releases them from the threat of litigation, and everyone resolves the matter without going to court.

Personal Injury Lawsuits

Sometimes, direct talks with the insurance company don’t work out. Maybe the company doesn’t offer enough money, or they don’t believe their policyholder was at fault. When this happens, the injured person’s lawyer can file a lawsuit against the policyholder and take the matter to court.

A lawsuit is a formal process and can take much longer than an insurance claim. Both sides present their case in court, and a judge or jury makes the final decisions regarding who is responsible, who pays, and how much.

What Are the Steps in the Personal Injury Claims Process?

The more you know about the personal injury claims process, the less daunting it becomes. Let’s delve into the key steps so you know what to expect.

Documenting the Incident and Your Injuries

Collecting evidence is one of the most important steps in the aftermath of an injury. This includes taking detailed photographs of the scene, visible injuries, and any property damage.

If any witnesses were present, it’s also a good idea to speak to and record statements from them. If you are unable to gather evidence after an injury accident yourself, your lawyer can handle this step for you.

Consulting a Personal Injury Attorney

A lawyer is your chief ally in this complicated process. Setting up an initial consultation with a personal injury attorney allows you to relay the specifics of your situation and get experienced feedback about your options.

Once they have heard your story, the attorney can then provide a clear assessment of your case’s viability, value, and potential pitfalls. They can then tailor a strategic legal approach to your unique circumstances.

Investigating the Claim

Deep diving into the particulars of your claim is the attorney’s primary focus in this step. Here, they actively gather evidence, which might include acquiring medical records, consulting with industry experts, or visiting the incident scene.

Additionally, they might look for any relevant surveillance footage and draw on witness testimonies to solidify the foundation of your case.

Determining Liability

This step involves ascertaining responsibility for your injuries. Your attorney can pinpoint liability by meticulously scrutinizing the available evidence through the lens of their understanding of the applicable laws and statutes. At times, this could require analyzing and dissecting complex scenarios where multiple parties share varying degrees of fault.

Calculating Damages

Accurately assessing the financial repercussions of an incident is a complex process. In this step, your attorney adds up every expense, including medical bills, therapy costs, and lost income. They also factor in non-economic damages like pain and suffering or lost quality of life. A comprehensive assessment ensures that your injury claim accounts for every aspect of the injury’s effect on your life.

Negotiating With the At-Fault Party’s Insurance

With a fair, well-researched claim value in hand, your attorney can begin the negotiation phase. This is where they present your case’s strengths to the insurance company, countering their objections and pushing for a settlement that truly reflects the harm you’ve suffered. This step requires strategy and persistence to prove your case and maximize your compensation.

Filing the Lawsuit if a Settlement Isn’t Possible

If, for whatever reason, the insurer doesn’t offer a fair settlement, filing a lawsuit might be the next step.

If you and your attorney decide together that litigation is appropriate, they can get the ball rolling by drafting and filing the paperwork in court. This marks your claim’s formal entry into the court system and sets the stage for the subsequent legal proceedings.

Participating in the Discovery Process

As both sides prepare for a potential trial, they enter discovery. This step is all about information exchange between the parties. Here, your attorney requests important documents from the opposing side, schedules and conducts depositions, and presents your supporting evidence.

This phase puts all the cards on the table before the case goes to trial, narrowing the issues at stake and ensuring both sides operate under the same sets of facts and evidence.

Continuing Settlement Negotiations

Even as both sides prepare for court, the possibility of an out-of-court settlement still exists. Your lawyer can continue to engage with the opposing side right up until the case concludes before a judge or jury at trial. Until the court renders its verdict, attorneys stay ready to negotiate if it means a mutually acceptable off-ramp from a trial.

Settling the Case or Going to Trial

If the parties can reach an agreement before the court issues a verdict, they can finalize a settlement and close the case.

If this happens, legal proceedings stop, and you can move forward and collect your settlement. If not, your attorney gears up to present your case before a judge or jury at trial, aiming to sway the court’s verdict in your favor.

Receiving a Verdict

After both sides have presented their cases at trial, the ultimate decision is in the hands of the judge or jury hearing the case. They assess the available evidence, arguments, and testimonies before arriving at a conclusion. The judge or jury determines if the defendant is liable and, if so, how much compensation they owe you.

Appealing the Verdict If Necessary

The verdict is not necessarily the end of the road. If either side believes the outcome is unjust or there are grounds for a dispute, they can initiate an appeal. This involves presenting the case to a higher court and asking them for a reversal or modification of the initial verdict.

Collecting the Settlement or Judgment Amount

Once the dust settles and a verdict or settlement is in place, the focus shifts to ensuring you receive your settlement or judgment money. For your lawyer, this could mean working with insurance companies, setting up structured settlements, or even pursuing post-judgment actions if the other party refuses to pay.

Types of Compensation Available in Personal Injury Claims

When a lawyer pursues a personal injury claim on behalf of an injured client, they do so to recover financial compensation to offset the effects the injuries have had on their client’s life. This compensation should restore the client, as much as possible, to the position they were in before the injury.

This compensation can cover a range of harm, including:

• Medical Expenses: This covers the cost of medical care resulting from the injury. It can include hospital bills, doctor visits, surgeries, prescription medications, physical therapy, and any future medical treatments related to the injury.
• Lost Income: If the injured person misses work or cannot earn as much money as they did before because of the injury, they can seek compensation for those lost earnings. This also includes any potential future earnings they might miss out on if they can’t return to their previous job.
• Pain and Suffering: This refers to the physical pain and emotional distress a person experiences due to their injury. It acknowledges that injuries can cause more than just tangible losses; they can lead to emotional turmoil and mental anguish as well.
• Loss of Enjoyment: Injuries often prevent someone from enjoying daily activities or hobbies they once loved. In such cases, they can seek compensation for this diminished quality of life.
• Loss of Consortium: This addresses the impact of the injury on a person’s relationship with their spouse or partner. It recognizes that serious injuries can strain or alter close relationships.
• Rehabilitation Costs: Some injuries require long-term physical or occupational therapy to help the injured person regain lost skills or abilities. This compensation covers those costs.

Each type of compensation addresses a specific aspect of the harm a person experiences due to the injury. While money can’t fully erase the pain and disruption of an injury, it can ease the burdens and challenges that come in its aftermath.

Factors That Could Affect the Value of Your Personal Injury Claim

Every personal injury case is unique, but the following factors could play a role in determining your case’s value:

• The severity of your injuries
• The duration of any necessary medical treatment
• Your long-term recovery prognosis
• The presence of any permanent scars or disfigurement
• The amount you incur in medical bills
• Losses in income and potential future earnings
• How your injuries affect your daily life and activities
• Any emotional or psychological trauma you endure
• Your need for future medical care or surgeries
• Your age and overall health before the incident
• Any potential aggravating circumstances (e.g., intoxication)
• The distribution and clarity of liability
• Any available witnesses and their testimonies
• The quality and clarity of the available evidence
• The availability and limits of applicable insurance policies
• Your decision to retain legal representation
• Your attorney’s experience, reputation, and skill level
• The other party’s ability to pay if they lack insurance
• How your injuries have affected your personal relationships
• The willingness of each side to settle or go to trial

How Long Do Most Personal Injury Claims Take to Resolve?

If you know or suspect you have grounds for a personal injury claim, you might also wonder how long it could take to resolve. The timeline for settling these cases can vary widely based on the specific details at play.

Relatively simple personal injury claims resolve fairly quickly, often within a few months. These are typically cases where the fault is clear, injuries are straightforward, documentation is thorough, and both parties are eager to settle.

However, if there are disputes over who’s at fault, the extent of your injuries, or the value of your claim, your case could take longer to conclude. Some particularly complex cases can stretch on as long as a year or more.

While everyone desires a swift and fair outcome, remember that a faster resolution isn’t necessarily in your best interest. Sometimes, patience can lead to a more substantial payout, especially if your lawyer needs time to gather evidence, negotiate with insurance companies, or prepare for potential litigation.

A skilled attorney can strike the right balance between expediency and thoroughness, preventing your claim from dragging on unnecessarily while also insisting on a fair settlement.

By taking the time to build a strong case while also actively pushing for timely progress, a lawyer can work toward the favorable and swift outcome you deserve.