A lot of people think that lawsuits always occur in courtrooms, but this is not always the case. The truth is that the majority of lawsuits do not end up in court. In general, receiving compensation for personal injuries are about proving a negligent party’s liability and securing a settlement from an insurance company. Victims usually work with a personal injury attorney like one from the Law Office of Brian P. Azemika who can help them build a strong claim and collect the necessary evidence. A skilled attorney will walk victims through the personal injury claim process and offer expert guidance every step of the way. This process includes the following:
Determining Fault for the Accident
If your injuries resulted from the negligent actions of another party, you may be entitled to monetary compensation. But first, you must determine who is responsible for the accident and prove their negligence. Your attorney will thoroughly investigate the accident to determine how a person’s negligence resulted in your injury. Also, they will look into the negligent party’s liability insurance policy that can pay your compensation.
Determining the Value of Your Claim
After your attorney determines who to blame for the accident, they will calculate the amount of compensation you are owed. This compensation will cover the financial and psychological effects of the injury on you. You may be able to recover compensation for economic and non-economic damages. In particular, you can seek compensation for the reasonable costs related to your medical treatment, property damage, lost wages, lost earning capacity, and pain and suffering.
Due to the psychological effects of an injury, valuing your claim isn’t just about adding your bills and receipts. Rather, your lawyer will wait for you to reach maximum medical improvement so that the full extent of your injury can be determined. When valuing your claim, your attorney will consider insurance coverage available, the seriousness of your injury, and whether or not you sustained a permanent disability that might affect your ability to work.
Making a Demand and Negotiating
After your attorney determines the true value of your claim, they will write a demand letter to the insurance company, detailing the amount you want to be compensated with. Once the insurer receives the latter, they will assign an insurance adjuster to handle your claim. This adjuster will try to reduce the amount of payout the company will make. They will usually make a quick settlement offer, hoping that you will accept it out of desperation. But your attorney can counter this with a reasonable offer. Back-and-forth negotiations can take place between both parties.
