Personal injury law (sometimes referred to as “tort” law) enables an injured party to file a civil action in court and recover monetary compensation (“damages”) for any losses incurred as a result of an accident or other occurrence.
What the personal injury system seeks is to allow the individual who has been injured to be compensated financially or to be “made whole” after having suffered harm as a result of another person’s negligence or deliberate action either with or without the help of a personal injury lawyer.
Instances When Personal Injury Law Can Apply
Below are some common scenarios wherein personal injury law can apply:
- Accidents. Personal injury laws apply in instances where someone behaves negligently and causes harm to other people and some other sorts of instances, they include automobile accidents, slip and fall occurrences, and medical negligence.
- Intentional Acts. Personal injury rules apply in instances where an individual is harmed as a result of the defendant’s intentional behavior such as assault and battery, along with other intentional torts.
- Defective Products. When a car component, consumer goods, medical gadget, pharmaceutical, or other product is faulty or unreasonable harmful, anybody affected by its usage may be entitled to sue the maker for product responsibility.
Common Stages that Personal Injury Cases Usually Undergo
Because no two incidents are identical, no two personal injury lawsuits will go the same road. However, there are some common stages that the majority of personal injury cases follow.
- Defendant Injures Plaintiff. This instance can refer to any type of wrongdoing on the side of the defendant, except those that refer to contractual violations as these are dealt with a separate branch of law referred to as “contract law.”
- Plaintiff was able to Establish a Violation of Legal Obligation against Defendant. The particular legal obligation will be determined by the circumstances surrounding the harm. For instance, drivers have a responsibility to operate their cars with the same degree of care as a sensible man would while on the road. In the case of doctors, they are required legally to treat patients in accordance with the accepted medical standard of care, while manufacturers and distributors have an obligation not to promote faulty or extra risky items.
- Out-of-Court settlements are being offered by the defendant. If the parties have already agreed that the defendant indeed violated a legal obligation against the petitioner, the defendant or the insurance company that represents such defendant may choose to settle out of court. This would include making a monetary offer to the wounded party in exchange for the party’s binding agreement not to sue over the harm.
A plaintiff’s lawsuit is concluded when he or she agrees to a settlement, but if not, the plaintiff may take the case to court and file a personal injury lawsuit. Settlement discussions may also continue beyond the filing of the complaint, and a settlement may be struck at any point prior to the civil case being submitted to a jury for a determination of the defendant’s responsibility.
If you’re considering filing a personal injury claim following an accident or event, your best first step may be to speak with a personal injury lawyer about your circumstances along with what alternative steps you may take.
How to Negotiate the Most Advantageous Personal Injury Settlement
Tip #1. You should already have an estimated monetary amount in mind
You came up with a rough estimate of how much your personal injury compensation demand letter should be worth when putting it together. Make a decision on the smallest settlement number you are willing to accept within that range before you contact an insurance adjuster about your claim. This figure is for your own reference only, and it is not something you would share with the insurance adjuster, but, before the offers and counter-offers begin to fly back and forth, it is beneficial to have a clear understanding of your bottom line.
Keep in mind that you are not required to adhere to the goal that you established for yourself in the first place. Depending on whether the adjuster gives up information that you were not aware of but that obviously makes your claim weaker, you may be required to decrease your minimum claim amount.
Tip #2. Have a monetary amount in mind for the settlement.
You came up with a rough estimate of how much your personal injury compensation demand letter should be worth when putting it together. Make a decision on the smallest settlement number you are willing to accept within that range before you contact an insurance adjuster about your claim. However, before the offers and counter-offers begin to fly back and forth, it is beneficial to have a clear understanding of your bottom line.
Keep in mind that you are not required to adhere to the goal that you established for yourself in the first place. Depending on whether the adjuster gives up information that you were not aware of but that obviously makes your claim weaker, you may be required to decrease your minimum claim amount.
Tip #3. Determine when it is appropriate to retain an attorney.
If you find yourself in a situation where your discussions are not going as well as you’d anticipated, you may want to consult with a personal injury lawyer, particularly if any of the following apply:
- First and foremost, you are seeking compensation for catastrophic injuries as well as pain and suffering that exceeds a few thousand dollars. It is doubtful that an insurance adjuster will take the claims of an unrepresented claimant seriously if the claimed losses total tens of thousands of dollars or more.
- You are claiming damages for the future. If you are seeking lost future revenue or the costs of medical care that you may require in the future, you may want to consult with an attorney to ensure that your claims are properly addressed in a settlement.
- There is a question of who is to blame. If you are still not settled as to who is actually responsible for the underlying accident, then seeking the assistance of a personal injury lawyer is recommended so that you can properly construct your argument.
