Were you injured in an accident but are feeling hesitant about speaking with an attorney and filing a personal injury claim or lawsuit? Are you doubting why you should sue, particularly if you have the money or insurance to cover the cost of the injuries you sustained? If so, you may be dealing with overwhelming life changes because of another individual’s negligence through no fault of your own. It is quite common for injured victims to initially question the need for filing a personal injury lawsuit after sustaining an injury. Some individuals simply feel that filing a civil lawsuit would be too time consuming or burdensome. In reality, it is a good idea to always consult with an experienced legal professional to see if you have a personal injury claim that is worth filing. At our firm, our accident lawyers believe that when an individual’s actions cause another person to sustain injury or even death, they must be held responsible for their actions.
If you have been injured by another person’s negligence, there are numerous reasons why you should strongly consider filing a lawsuit. For, you should not be financially responsible for the medical treatment you are likely to need to recover from your injury. Especially when your injury was caused by another person’s negligence. Even if you can afford to pay for the cost of your medical treatment and other damages, you don’t have to. Another common situation that creates a situation in which you should seriously consider filing a personal injury lawsuit is when the responsible party’s insurance company has offered you a settlement that is way too low. In most instances, a low settlement offer will usually not be enough to pay for all of your medical treatment and other damages. If you would like to obtain compensation for your damages after sustaining an injury in an accident, you generally have two different options that are available to you. The first option is to attempt to negotiate a settlement of your injury claim with the responsible party out of court. The second option is to file suit directly against the party who is responsible for your injury. If you are thinking about filing a personal injury lawsuit and proceeding to trial, you may have already consulted with an injury lawyer and heard that taking your case to court can increase the amount of damages you receive in comparison to the amount of compensation you may obtain via a personal injury settlement. Personal injury damages often include medical expenses, physical therapy or rehabilitation expenses, lost wages, and pain and suffering. Taking your case to trial when compared to settling your claim has many pros and cons that you should consider before going forward with your lawsuit. Additionally, there are many differences between a personal injury claim and a personal injury lawsuit.
The personal injury claims process is a sequence of negotiations between you (or your attorney) and the insurance company’s adjuster. During the beginning stages of your personal injury claim, you or your attorney must show that the opposing side is responsible for the accident that resulted in your injury and your injury is real and requires medical attention. After getting the opposing side’s thoughts on your claim, the negotiations begin. If you are able to come to an agreement, the opposing side will send over a release and settlement agreement and once the release is signed, you or your attorney will receive a settlement check that is then issued to you. At times, negotiations can result in a settlement offer that is favorable for both parties involved.
Unfortunately, this is not always the case. In contrast, a personal injury lawsuit is filed if during the settlement process, negotiations fail, and resolution of the dispute cannot be obtained. The breakdown may occur because the claims adjuster denies that their insured is liable for your injury or maybe doesn’t agree with the severity of your injuries and the amount of compensation requested in your demand. If settlement negotiations break down because the opposing side makes a low-ball settlement offer or outright rejects a reasonable settlement, an experienced personal injury lawyer will know how to switch gears and be ready to file a lawsuit to try to get you the best compensation possible. In cases when an individual is negligent and causes an injury to another, it is only just that he or she be held accountable for their actions. After any type of accident, you should consider talking to an injury lawyer to learn what your rights and obligations are under the law. Let the personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.