Navigating the paperwork and legal system for personal injury claims can be complicated, especially if you don’t understand the law and how it applies to your individual situation. If you have been injured because of the actions of another person, then you deserve to receive compensation for these injuries. But it isn’t a straightforward process to get the money that you are owed.
Unfortunately, too many personal injury victims miss out on potential compensation because they are confused by common myths. In this article, we are going to break down the truth from myths so that you can stay informed about your rights to personal injury compensation.
Understanding Personal Injury Claims: What You Need to Know
Any time the negligence of another person has injured an individual, the victim has the right to file a legal claim. This legal action is a way to seek compensation for the injuries, including medical bills, lost wages, and more. But in order to receive compensation, you need to be able to prove liability in the situation, which is why it often makes sense to hire a personal injury lawyer for help.
Some of the most common types of personal injury cases include:
- Car accidents
- Slip and falls
- Workplace accidents
- Medical malpractice
- Product liability
Each type of accident is unique, which is why it’s best to hire a lawyer who has experience with other types of similar cases.
The Role of a Personal Injury Lawyer
Is it necessary to hire a lawyer for personal injury claims? Yes! Personal injury law can be complicated, which is why you need legal representation every step of the way. Not only will your lawyer help by providing legal advice for injuries, but they can offer ongoing support to ensure your rights are protected at all times. There are several benefits you can expect when you hire a personal injury lawyer:
- Expert knowledge of the laws and procedures relating to your injuries and case
- Help with gathering evidence and building a case that proves liability
- Settlement negotiation with the insurance companies to ensure that you receive fair compensation
The reality is that victims who attempt a DIY approach with their personal injury claims often lose out on potential compensation because they don’t understand the sneaky tactics of insurance companies.
Insurance Tactics to Watch Out For
Even though the insurance adjuster might seem friendly and helpful, the insurance company is working hard to reduce the amount of money they will need to pay for your settlement. In some situations, the insurance company might try to deny your claim to avoid paying anything at all.
Your lawyer can help you watch out for some of the most common insurance tactics that are used for personal injury claims, including:
- Offering a quick settlement before you understand the extent of your injuries and damages
- Disputing liability as a way to avoid paying
- Claim denials because they don’t agree with the provided evidence
No matter the situation, you have legal rights to compensation. Your attorney can help with these negotiations to avoid the likelihood of your claim being denied.
The Compensation Process: How to Receive a Fair Settlement
The more you understand about the compensation process, the better prepared you will be to handle the situation appropriately. Different factors will determine how much you receive, such as:
- Medical costs, including doctor’s appointments, therapy, medication, and medical devices
- Severity of your injuries and how they are impacting your life
- Lost wages because of your inability to work during recovery
- The long-term impact of the accident, including pain and suffering
The quality of your claim filing will have an impact on the way the case is negotiated and how much money you receive. So, it’s best to hire an attorney as soon as possible for help every step of the way. Your lawyer will assist with the settlement negotiation and also gather any necessary evidence and documentation to prove your case.
Comparative Negligence in Personal Injury Claims
Were you partially responsible for the accident? In this situation, the insurance company will try to leverage comparative negligence as a way to reduce the amount of money that they need to pay. If the fault is shared between parties, then the payout is reduced based on your degree of responsibility.
Whenever possible, it’s best to avoid comparative negligence by building a strong case that shows the other party was liable for the accident.
Debunking Common Myths About Personal Injury Claim Process
Here are some of the most common myths about personal injury claims:
- Myth: All personal injury claims go to trial. The truth is that most of these claims are settled out of court, which is why you need an attorney to help with negotiations.
- Myth: You can file a claim at any time. There are statutes of limitations that govern when a personal injury claim can be filed. If you are in Texas, then you likely have 2 years to file the claim. But we recommend that you file as soon as possible.
- Myth: It’s too expensive to hire a personal injury lawyer. Actually, you won’t need to pay anything out of pocket for these legal services. Most lawyers work on a contingency basis, which means that they are only paid when you receive a settlement.
- Myth: The insurance company will pay a fair settlement. All insurance companies are working to reduce the amount of money that they need to pay. They want to minimize payouts, so the initial offer will usually be lower than the value of your claim.
Frequently Asked Questions (FAQs)
How Long Do I Have to File a Personal Injury Claim?
In the state of Texas, the statute of limitations for personal injury claims is two years. If you don’t file during this time, then you could miss out on compensation.
What Should I Do If My Claim Is Denied?
If your claim is denied, then work with your personal injury lawyer to gather additional evidence so that you can file an appeal.
Call the Personal Injury Experts
You deserve quality legal representation for your personal injury claims. For more information, reach out to us at Wormington & Bollinger to get personalized legal recommendations. Contact us today to schedule your consultation.