If you experience a personal injury as a result of someone else’s negligence, you have the opportunity to pursue compensation.
In the following helpful article, you will find out what counts, how a settlement is reached, and what compensation you may get.
An Overview of Personal Injuries
Personal injury accidents in which others are liable to include various injuries, including car accidents, defective products, and workplace accidents. They also cover occupational diseases like repetitive strain injury, respiratory diseases, and dermatitis.
Almost any kind of neglect that causes an injury or accident can be covered under personal injury law. You can recover damages if someone is deemed responsible for causing an injury, such as a negligent driver or store owner.
You must consult a reputable personal injury lawyer to determine whether you have a strong case and what steps to take to pursue financial compensation.
Also, you must contact an attorney as soon as possible, as there are usually time limits for pursuing damages. Typically, you will have up to three years from the date of your accident to begin your claim.
How Personal Injury Attorneys Work to Seek a Settlement
Once you have hired an experienced personal injury attorney, they will handle negotiations to seek a settlement, which refers to an agreement between you, the victim, and the third party liable for your injury to pay you a sum to cover your injuries and losses.
The liable party may have to pay a lump sum or installments over time. The settlement process will begin with your lawyer talking to the defense lawyer who represents the legally-liable party.
Often, a representative of the insurance company involved with the case will also participate in the negotiations. Sometimes, settlements can be reached quickly. That typically happens when the party’s liability is unquestionable.
Other times, it can take longer to reach settlements. And sometimes, negotiations happen only after a court has ordered the process to ensue.
The case will go to trial when settlements cannot be reached out of court. After the court hearing, in which both your lawyer and the liable party’s lawyer present their cases, a judge or a jury will determine how much you should receive in compensation.
Generally, fewer than 5% of cases go to court, so it is very likely your settlement will happen via an out-of-court settlement. The personal injury cases that end up being settled in court tend to be highly complex.
What Compensation Is Possible?
Compensatory damages and punitive damages are the two main types of compensation available. The former reimburse you for the costs associated with your personal injury. In almost every personal injury case, compensatory damages should be open to the victim.
The latter, punitive damages, refers to punishing the party who caused you harm. Punitive damages are awarded much less frequently than compensatory damages.
Also known as economic damages, compensatory damages can include:
- Medical bills include hospital stays, medical treatments, rehabilitation, doctor appointments, medical transportation, and prescription medication.
- Expenses related to property damage, such as damage caused to a car or boat.
- Loss of wages includes losses you experienced since the accident and future loss of wages.
- Loss of irreplaceable items, such as an heirloom that was damaged during the accident.
- Expenses associated with altered or canceled trips mean you could get compensation to cover the costs of a vacation you had to cancel due to your accident.
- Pain and suffering means you would receive compensation for long-term pain resulting from your injury.
- Mental anguish compensates you if you experience things like depression, anxiety, and PTSD after your accident.
- Lower quality of life means being compensated for injuries that leave you unable to enjoy life in the same way as you did before the accident.
Summing Up
You now have a good idea of the types of compensation you could be awarded after a personal injury caused by someone else’s negligence or recklessness.
And you now know how the settlement process works. So, you will be more prepared should you find yourself experiencing an accident that results in pursuing financial compensation.
Remember, if you are injured due to someone else’s negligence or recklessness, speak to a personal injury lawyer as soon as possible. The sooner you get the ball rolling, the sooner a settlement can be reached.