No one wants to be injured, but sometimes accidents happen – and medical bills begin to pile up quite quickly. If you were injured by the negligent actions of another person or organization, it’s only fair that they should be held responsible for their actions, and that you be compensated for your pain and suffering. This is where a personal injury attorney can help you receive a settlement for your medical bills, lost wages, and other expenses related to the accident, through either negotiating with an insurance agency or taking the responsible party to court.
How does this process work? Today, we’ll explore how the settlement process works when seeking compensation for an accident, what can be included in a settlement, and why it’s essential that you work with a qualified attorney throughout this process.
Most settlements are completed out of court, when both parties agree on a fair sum
First, it’s important to understand that if you’re seeking compensation for an accident or injury, you may not go to court. Many settlements are finished without ever stepping foot into a courtroom, because the attorney and the insurance company for the responsible party decide on a sum that is fair and reasonable. Your personal injury attorney has experience in negotiating settlements, and they’ll know what is a reasonable dollar amount for the injuries you’ve suffered. This sum will take into consideration how much you owe in medical bills right now, how long you have not been able to work, and what your future medical needs may be.
Sometimes these negotiations fail, however, because the insurance company refuses to accept the terms of the personal injury attorney’s request. This is when it’s necessary for you and your lawyer to go to court in order to settle the matter and get the compensation you deserve. Because you might not always go to court immediately, and negotiations for settlements may go on for quite some time, it’s essential that you talk to a lawyer and get the negotiation process started right away.
Every state has a statute of limitations on when you can file a personal injury claim after an accident; if your lawyer has been negotiating for quite some time, you may be pushing toward that limit, and if you can’t file the lawsuit in time and can’t reach an agreement with the insurance agency, you may find yourself with a far smaller settlement than you really deserve.
If a settlement can’t be reached out of court, your lawyer will file a lawsuit on your behalf
Filing a lawsuit includes writing and filing a complaint to the court which explains exactly what happened, who you are suing, and why you are suing. Once this has been accepted, both sides – your lawyer and the lawyer for the responsible party – will begin a process called discovery, where each legal team uncovers evidence and shares it with each other.
The process of discovery may not make sense if you’re not familiar with law; you’d think that each time would want to keep information for themselves and only reveal it in court. However, this is technically against the law, because it’s considered fair that each party has access to the same information and therefore be able to utilize it to build their own arguments.
The case will then be decided, either outside of court or after a verdict; if your lawyer successfully argues your case, you will receive a settlement. This can include compensation for medical bills, loss of income, and the emotional damages you suffered as a result of your injury. You may also receive compensation for loss of property, like if you were in a car accident. Overall, your lawyer will fight hard to ensure that you receive a settlement that adequately compensates you for what you’ve been through.
Working with a lawyer is essential for success in a personal injury lawsuit
While you have the legal right to represent yourself in court, there’s a saying that a man who represents himself has a fool for a lawyer. This is because an experienced and qualified personal injury lawyer has all the knowledge necessary to successfully negotiate a settlement for you, as well as the resources to comprehensively study the facts of your case. You’ll have a champion for you in the courtroom, someone who really understands what you’re going through and wants to ensure that you’re able to move on with confidence that your needs will be taken care of.
This article has given you a brief summary of what the personal injury lawsuit process looks like, but it can never replace the in-depth and compassionate advice of a great attorney. If you’ve been injured by the negligence of another person or organization, you should always reach out to a personal injury law firm as soon as possible to ensure that your rights are protected – and that you receive a reasonable and fair settlement that will help you recover in confidence.