How to Deal with Your Personal Injury Claim and Resolve it in Your Favor?

| April 10, 2014

InjurySuffering from injuries either psychologically or physically, which have been caused due to negligence of an individual, group or entity gives you the right to take the required action with the proper legal help. Though it is possible to make the claim without a lawyer, an experienced attorney will give you the needed advantage to get the appropriate settlement.

What a Lawsuit Involves?

A lawsuit in case of personal injury denotes the legal action taken by the person injured due to an accident, defective product, slip or fall that is caused by another person. The injury can take place in a hospital, on the road, at your workplace, in a mall or at a restaurant. Illnesses related to work places like asbestosis and lung diseases also come under personal injury category. A lawsuit helps you obtain the compensation that is your due. The lawsuit however involves a complicated litigation process that is influenced by the state you belong to. For instance, in New York State you can file a legal case three years from the date of the accident, whereas California State limits the duration to two years.

Personal Injury Claim

In general, a claim for personal injury includes

  • The expenses incurred for the treatment and related medical care
  • Loss of income due to inability to attend work
  • Damages related to emotional stress like depression, tension, anxiety, and strained family ties

The person responsible for your injury generally has liability insurance cover. If the liability is confirmed, the company will decide on the settlement to be awarded. The claims are dealt with in terms of monetary damages caused due to the treatment of injuries present and the losses suffered other than monetary nature, which are termed as general damages.

Steps Involved in a Personal Injury Lawsuit

Though the injury and accident cases are handled in different ways, there are certain basic steps that are constant for all the cases. You set up an appointment with the lawyer you have hired for the case. The initial meeting will involve exchange of information related to the case and how the lawyers want to proceed on the case once the proof of liability is confirmed by them. The lawyers usually explain all the procedural aspects like making the complaint, answers, motions the case will deal with during the initial part of the lawsuit etc. Most cases do not reach the trial stage, as they are settled frequently between the two parties involved. In case of a trail, there will be selection of jury, opening arguments, testimony of witnesses and closing arguments and the final verdict after which you collect the settlement.

Usually, before the case is being brought to the court, settlement should first take place. You and the accused will come to a settlement so the both of you will not be able to waste your precious time. If settlement is not possible, then that is the time the case is being brought to the court of law.

When you hire an experienced and reputable law firm like Fishbeyn & Briskin, you can recover the entire compensation amount that you deserve for having suffered the personal injury or the medical negligence inflicted on you. By selecting a legal help on a contingency basis, you can further reduce the hassles involved in meeting with the legal expenses. A proper compensation will help in covering the present as well as future expenses related to lost wages, medical expenses, and other costs you incur because of the injury.

Author Box:

Peter Dav provides tips regarding winning your legal claims without losing much on the expenses side. She however recommends reputable law firms like Fishbeyn & Briskin to make your experience a better one.

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Category: Law

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  1. Thanks for sharing this useful information. I just want to know what is the best option whether to consult insurance company or personal injury attorney.