Should You File a Personal Injury Claim? How Does It Work?
Many clients wonder whether they have a case and, even if they do, whether they should pursue their case and file a personal injury claim. Here, we explain why the answer to that question should always be yes.
After an accident, it can be difficult to move on. Given the nature of their personal injuries – the strain and stress they have already caused – they understandably conclude that further action is unnecessary hassle.
However, that is a mischaracterization of personal injury claims. For example, most claims are handled out of court – a settlement is agreed before it goes to trial. To that end, then, utilizing personal injury lawyers is far from a source of stress but is, instead, a routine course of legal action.
The purpose of filing a personal injury claim is simple – to establish culpability; to determine who is at fault.
The nature of the case can be simple or complex, involving one guilty party or several guilty parties. Watertight evidence is needed to establish such culpability.
Factors Accident Attorneys Consider
- Nature of your injuries – physical, emotional?
- Severity – how severe are your injuries?
- Work – have you lost time from work?
- Responsibility – what role did you play?
- Evidence – what evidence supports your claim?
- Long-term – has it affected family relationships?
- Disability – to what extent are you disabled?
Accident attorneys also consider other factors, too. For example, they consider insurance coverage – and to what extent the insurance covers your specific injuries.
They also consider future needs, such as future medical bills – the sum you’re likely to need in months and years ahead. Lawyers are, then, specialists in evaluating a wide and complex spectrum of inter-related factors.
What Happens After These Considerations?
Once these factors are considered, in their entirety, your accident lawyer can then proceed with your case.
- Negotiations begin when your lawyer demands compensation from the relevant party; informing them of their wrongdoing and supporting that demand by reference to the relevant legal statutes.
- The third-party, which is often an insurance company, may come back with a lower offer – and this continues until both sides reach an amicable agreement.
- There may be times, however, when the third-party refuses to pay compensation. If your claim is strong enough, however, and the evidence is firmly in your favor, the accident attorney will file a lawsuit.
Why Should You File a Personal Injury Claim?
Filing a personal injury claim is about more than legal fees; it’s about recovering damages as well as recovering your life.
To answer whether you should pursue a personal injury case, we need to understand the nature of your case:
- Have your injuries been sustained through the negligence or recklessness of another person or entity?
- Do you have the necessary evidence to justify your legal case?
If the answer to either of these questions is yes, then you should begin filing a personal injury claim.
Relying on insurance companies means that you acquire considerably less compensation.
By using a qualified personal injury attorney, you can harvest the damages you deserve.
Will the Case Be Taken to Court?
Sometimes reckless negligence can result in the death of another person. This means that the relevant next of kin can file a lawsuit with a wrongful death law firm.
On filing your personal injury claim, one of our lawyers will open negotiations with the relevant party, often an insurance firm.
However, in some cases, legal action ends up in court. Whether the settlement is agreed in or outside of court, our litigators have the necessary experience to aggressively pursue and win your case.
Isn’t legal action expensive, though?
Not necessarily. For example, at Nehora Law Firm, we offer a free evaluation of your case to determine whether you have a case, as well as to determine what compensation sum you may be entitled to.
If you have a solid case, you cannot afford not to miss out on the compensation you’re morally and legally entitled to. Furthermore, as we discussed, most personal injury cases are settled out of court, hassle free. Legal action is about recovering lost damages; a far more valuable concern to help put your life back on track.
At Nehora Law Firm, our legal team work diligently to acquire the necessary evidence to heavily substantiate your claim. Our excellent settlement record to date is a testament to that claim. Our personal injury lawyers are highly qualified to meet these demands.
If you would like to receive a free consultation, contact us today on 949-629-4349. One of our attorneys will be on hand to discuss your case with you. Alternatively, you can fill out our online form and we will get back to you very shortly.