If you’ve been injured in an accident or due to another person’s negligence, then you may be eligible to file a claim for compensation. But before you do, there are a few injury law facts that you should know.
Personal injury law covers a wide range of situations, including car accidents, slip-and-falls, injuries from defective products and even medical malpractice. A personal injury attorney can help a lot.
1. Insurance Companies Do Not Always Play Fair
Insurance is a for-profit industry that increases its bottom line by paying out as little as possible. They may try to lowball you with an initial settlement offer that doesn’t begin to cover your damages and medical bills or drag their feet in the investigation process.
If you’re in an accident that was caused by another driver, you deserve compensation for your losses. That includes medical bills, property damage and lost wages.
You can take action to fight for the compensation you deserve if you have suffered injury in an accident due to someone else’s negligence. But you need a lawyer who is experienced with injury law to stand up to the insurance companies and fight on your behalf.
When it comes to negotiation, people who don’t play fair often throw into the mix bias, deception and hidden agendas. This can make it difficult to reach an agreement that’s mutually beneficial. It’s more important than ever to have a personal injury attorney who knows how to negotiate on your behalf and will fight for the compensation you deserve.
2. Negligence Is A Key Factor
Negligence is when someone does something that a reasonably careful person would not do. It’s a foundational element of most personal injury cases, and it’s important to understand what negligence is before filing a claim for compensation.
Often, the first thing that an attorney will look at when determining negligence is whether or not the defendant owed you a legal duty of care. This may be due to a special relationship between you and the defendant, such as when you are a patient and a doctor owes you medical care.
Once you’ve established that the defendant owed you a legal duty, you will need to prove that they breached this obligation by not acting as a reasonable person would have done. Ultimately, this is the key to proving liability and securing compensation for your injuries and damages.
3. Insurance Companies Do Not Always Offer The Best Settlements
Insurance companies are in business to make money, so they want to save as much as possible by offering you a low settlement.
This often means that the first offer is lower than you expected, and it doesn’t cover all of your medical expenses or damages from the accident.
You’ll want to talk to an experienced injury attorney about why this is happening and how to get the best settlement you can. Your attorney will be able to tell you what the insurance company’s value of your case is and compare it with your personal losses.
In many cases, you may be able to get a higher settlement if you negotiate with the insurance company instead of accepting their first offer. The higher settlement you receive will help you take care of your medical bills, pain and suffering, and other costs related to the accident. It will also give you some peace of mind and allow you to move on with your life.
4. You Have Three Years To File A Claim
Most personal injury cases have a statute of limitations, which means you have a certain amount of time to file a claim. This is typically one to three years, depending on the state you are in.
If you do not start the legal process within that period, the court may dismiss your case. This is why it is important to work with a lawyer right away after an accident.
There are exceptions to this general rule, including cases involving minors and government entities. However, most cases should be filed before the deadline if possible.