In an ideal world nobody would ever get injured because another person wasn’t watching what they were doing. And that their negligence almost caused a potentially life-threatening injury to you.
And in that same ideal world, you’d automatically receive compensation for your injury without the need for any paperwork or legal counsel.
But we don’t live in an ideal, or fair, world – so you may need to sue to get what you’re entitled to.
Now, the idea of initiating a personal injury lawsuit often leaves people feeling a bit cold because it feels so impersonal, and often seen as nothing but a “cash grab”. And there’s also anxiety around the fact that the case could go to trial – something we touch on shortly.
To that we would say that the costs of your injury right now are important, but you have no idea what the long-term medical and financial consequences of your injury might be. And that’s without taking into consideration your existing medical cost, loss of earnings, and of course, financial compensation for your pain and suffering.
So it’s always advisable to seek professional legal advice if you’ve been injured as the result of the actions, or inaction, of another person.
What typically happens is that you contact the defendant’s insurance company, asking them to pay compensation for your injuries. In about 99% of cases, the defendant’s insurance company will refuse to do so, for any of a number of reasons, including that the accident, and resulting injury, were actually your fault and not their client’s.
At this point your newly-hired attorney will notify the insurance company of your personal injury lawsuit, asking for compensation, which is often routinely denied. While this might seem odd, it’s the insurance company’s job to try to deflect such claims, based on the fact that personal injury fraud is now at almost epidemic levels.
What comes next is referred to as “discovery”, which is where both sides make requests for information to learn as much as possible about each other.
The discovery process can include written lists of questions you’re asked to answer, being asked to provide all medical records relevant to your claim, and most insurance companies will insist that you also attend their “company” doctor. It is this doctor\’s job to ensure that you are injured to the extent that you claim to be.
The next part of the process usually involves the defendant’s insurance company making you an offer to settle your personal injury claim, despite the fact that several weeks prior to this point they denied you even had a claim in the first place.
You\’ll find that the majority of insurance companies will actively work to settle your personal injury claim before it goes to trial. They have many reasons for doing this, but the primary one is the risk of you being awarded substantially more compensation if the jury sides with you. Settling “out of court” simply saves the insurance company a lot of money.
At this point you can either choose to accept their offer, or decline it. Traditionally, most “first offers” are lower than the insurance company is actually willing to pay.
But please do listen to your attorney’s advice on this because if pushed too far the defendant’s insurance company will choose to go to trial instead. You may ultimately win more financial compensation, but big insurance companies can afford to drag your case out for several years.
If you’ve recently been injured due to the negligence of another person, and you don’t know what to do next, the first step is to contact an attorney with extensive experience of dealing with personal injury lawsuits.
It can be the difference between getting the compensation you deserve, and being ignored.