If you or any of your loved ones got an injury by default or the wrongful conduct of another person, it is very traumatizing. Not only may you suffer a great deal of pain and discomfort, but you might also find yourself buried in medical expenses and lost wages. In such cases, you will be able to get a personal injury settlement that will enable you get the compensation you need to help you make up for your lost resources and begin afresh. This advanced user guide should be a great starting point for anyone who wants to understand what personal injury settlements involve which can be an often confusing and stressful area of law.
What is Personal Injury Settlement?
A personal injury settlement is a monetary award that is paid to an individual for a tort that he incurred because of the actions of another individual, or an insurer’s payment to a person in exchange for the person’s agreement to stop the insurer from being held legally responsible for the tort. On those rare occasions when such matters do crop up, negotiations unfold between the lawyer representing the victim, and the lawyer representing the negligent party’s insurance carrier. Most of the personal injury claims never go to trial since they are settled wherein the parties involved can avoid legal expenses and what comes with it.
Common Types of Personal Injury Cases
There are multiple personal injury claims situations where somebody is hurt that they shouldn’t be. Some common types include:
Motor Vehicle Accidents: Traffic accidents involving automobiles are among the many causes of personal injuries. Such crashes may happen with cars, motorcycles, bicycles and even pedestrians. Spearheaded negligence in such cases may stem from the following; speeding, driving under the influence, or distracted driving.
Slip and Fall Accidents: Slip and fall cases known as premises liability cases, happen whenever a person experiences harm in another person’s property as a result of a dangerous or unsafe condition. Such factors may include slippery floor and unclean floors, inadequate or bad lighting and having pathways that have been laid irregularly.
Medical Malpractice: Medical malpractice is the acts of omission and commission on behalf of a health care provider that produce harm to a patient. This can be missed diagnoses, operations gone wrong or a lack of adequate treatment being given to the patient by their doctors.
Product Liability: Product liability cases relate to and refer to damages that arise from the use of faulty products. These may be design defects or defects of manufacture, or insufficient or insufficiently clear warnings or directions. They range from poisonous toys, faulty electrical appliances, and contaminated medication.
Wrongful Death: In some incidences a personal injury will lead to fatality. Such cases may arise from any of the above situations, for instance, traffic accidents, doctor’s negligence or manufacturers’ defects.
The Personal Injury Settlement Process
The process of reaching a personal injury settlement typically involves several key stages:
Seeking Medical Attention: Any personal injury client has to ensure that they get the necessary medical care just before a claim can be filed. It also takes care of your health besides acting as a record that can be helpful in building your case.
Consulting an Attorney: It is imperative you consult your attorney, especially one with experience dealing with personal injury law. They can get quite often to offer legal advice, get your legal defense and help in the process of acquiring evidence.
Investigation and Evidence Gathering: Your attorney will collect any evidence associated with that event including the medical records, police report and witness statements. This is information that is important in providing a basis that is good enough for the case and for finding out what’s the amount to be offered for settlement.
Demand Letter: Your attorney will likely be prepared to finalize the investigation process and draft a formal demand letter, covering the loss situation and damages and compensation to which you are entitled upon completion of the investigation process. This letter is written when the sender submits a claim to the insurance company which belongs to the at-fault party in order to start the settlement discussion.
Negotiation: Treatments made between your attorney and the insurance company are intended at trying to get to a reasonable standard with the insurance company. It can be a drawn out affair with presentations, evidence, legal chicanery and back and forth negotiations.
Settlement Agreement: Suppose that after the parties and their attorneys agree on a certain amount of money, the parties will then cash a legally enforceable settlement.
The Role of an Attorney in Personal Injury Settlements
Hiring an experienced Atlanta personal injury lawyer is essential with regard to managing your complicated matter. They can:
Provide Legal Expertise: Any kind of professional personal injury attorney, of course, will know all the legal procedures and be able to help pass all the stages protecting client’s rights.
Investigate the Accident: Your attorney will then first investigate and get all available evidence, and then establish what really led to your injury.
Negotiate with Insurance Companies: Insurance companies have to employ lawyers who are always at work trying to limit their company’s exposure to paying out claims. An attorney can put things even, as he will represent you when negotiating for the best deal.
Represent You in Court: Sometimes, if the compensation cannot be agreed on, your lawyer will take your side and defend you in court. They will stand for you and explain why their client is entitled to compensation according to the law.
Factors Affecting Settlement Value
Too many things can lead to an increase or reduction in the value of a personal injury case. Some of the key considerations include:
Severity of Injuries: One of the factors used in assessing your compensation is how much harm it was done to you. The seriousness of the injury that a person has endured is likely to attract higher compensation figures.
Medical Expenses: The medical bill that you have incurred in the past and the medical bills, which the claimant will probably have to incur in the future, will determine the range of the settlement value. It includes hospitalized cost, use of prescribed drugs, cost of rehabilitation, and any other costs of care and treatment.
Lost Wages: If your injuries have left you unable to report to your workplace or have performed your typical duties, you may claim lost wages. This means current earnings in the steady occupation and future earnings if an injury would have caused loss of earning capacity.
Pain and Suffering: In addition to the non economic damages , punitive damages and similar opinionated damages such as pain and suffering, emotional distress, and loss of use of life affect the settlement value. These damages put a price on the physical and emotional impact that your injuries have had on your life.
Conclusion
In most cases, anyone who is going through the process of obtaining a personal injury settlement will find it very straining. Knowledge about the kind of cases, the kind of an attorney and what factors contribute to the value of the case will place you in a better stead to get the compensation you deserve. No matter how it plays out, you should always remember to consult a seasoned personal injury attorney who has one objective to protect your legal rights and best suit you throughout the process.
