Sometimes we have to suffer the consequences of someone else’s negligence or reckless behavior. Accidents happen and change the definition of our lives. Under certain circumstances, there isn’t much one can do, apart from accepting reality. Nonetheless, one should not hesitate to fight for their rights or strive to make the perpetrator pay for their actions. Not every accidental injury leads to a successful personal injury case, so you must first determine if you possess a viable claim.
Personal Injury Attorney in Lafayette, LA, can review your case and calculate the actual value of your claim. The next step involves negotiation with the responsible party and their insurer. Your lawyer will do everything in their power to get you a reasonable settlement. If that doesn’t work out, you have the option of initiating a civil lawsuit.
The number of personal injury claims in recent times are overwhelming. This shows that a considerable proportion of the U.S population has been harmed due to someone else’s fault and more people are raising their voice. However, it is important to note that a small percentage of the claimants are fraudsters who are trying to manipulate the system for financial gains. For this reason, the court of law is keen on conducting profound investigation before imposing any penalties on the alleged defendant.
Every personal injury claim is unique and complex in its own way. Varying factors and aspects of each case makes it difficult to define the timeline for settling the claim. Typically, the opposing party’s insurance company wants to avoid litigation, so they will try to convince you to accept the proposed settlement. Once you take the offer, you forego the right to seek additional compensation. If you later incur further expenses because of the injury, you cannot demand more money.
Every personal injury victim expects full reimbursement of their loss, though insurance companies do not pay more than their policy limit, even if that limit is inadequate. For example, if your injury resulted in $100,000 in medical expenses and opposing party has a policy limit of $50,000, the insurance company will offer you a maximum of $50,000 in compensation. Given that the insurer’s liability is met, they are under no obligation to pay more, irrespective of the actual cost of damages.
To establish liability, your personal injury attorney may bring in a medical professional, technical engineer, or other experts to determine exactly how an accident occurred, who is at fault, and what costs are expected in the long term. The claim settlement process could take several months, yet it is indispensable to demonstrate the worth of your claim. If your claim is legit, you are entitled to acquire compensation for:
- Existing and projected medical/rehabilitation costs
- Existing and estimated future lost wages
- Home modifications coupled with adaptive technologies, for instance, wheelchair, prosthetics, etc.
- Costs related to permanent/irreversible consequences that include paralysis or loss of a limb, etc.
If the insurance agency does not pay or offers an unreasonable settlement amount for the sustained injuries, a formal objection will be recorded with the court. Following the recording of a grievance, the disclosure procedure starts, during which both parties gather supportive information and evidence. Only a handful of personal injury cases make it to trial, as more than 90% of them are settled before the designated court date.