Personal injury is a common occurrence in our daily lives. From car accidents to slip and falls, these incidents could cause significant physical and emotional harm. When you sustain injuries from someone else’s negligence or fault, you have the right to file a personal injury lawsuit to seek compensation.
One question on the minds of most victims of personal injury claims is whether they need to go to court to get compensation. The answer is both yes and no. You can settle your personal injury claim without going to court if you have the right information and guidance.
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What is a Personal Injury Claim?
Before we dive into the process of settling a personal injury claim, let’s take a closer look at what the term means.
A personal injury claim is a legal case resulting from an injury to the body, mind, or emotions. It occurs when someone’s negligence, recklessness, or intentional conduct causes harm to another person. The person injured in the accident has a right to claim compensation for the damages caused.
Negotiating Your Personal Injury Claim
When you are injured in an accident, the first thing you should do is seek medical attention. Once you have received the appropriate medical attention, the next step is to contact a personal injury attorney. A personal injury attorney is a legal expert who can help you navigate the legal process of obtaining compensation.
After an attorney has taken your case, they will begin the process of negotiating a settlement with the defendant’s insurance company. The insurance company may offer you a settlement amount to avoid going to court. Typically, insurance companies prefer not to go to court because it’s expensive and time-consuming.
Factors That Affect Settlement
There are several factors that could affect the settlement of a personal injury claim. These factors include:
The Severity of Injuries
The severity of injuries will play a significant role in determining the settlement amount. The more severe the injuries, the higher the settlement amount.
Medical Bills
Medical bills can be used as evidence to determine the extent of the damage caused by the injury. The more medical expenses accrue, the higher the settlement amount.
Liability
The liability of the defendant is a crucial factor in determining the settlement amount. If the defendant is found to be 100% liable, you will receive a higher settlement amount.
Negotiation Skills
Negotiation skills play an essential role in determining the settlement amount. An experienced personal injury attorney can help you negotiate a better settlement on your behalf.
When is it Necessary to go to Court?
In some cases, it may be necessary to go to court to obtain compensation. This may occur when the defendant’s insurance company is unwilling to offer a fair settlement amount or denies the claim altogether.
Your attorney will prepare your case and represent you in court. During the trial, you will present evidence to the judge, and a jury will decide the amount of compensation you should receive.
Benefits of Settling Outside of Court
Settling your personal injury claim outside of court comes with several benefits, including:
The Process is Fast
Settling outside of court is usually faster than going to court. A trial could take months or even years, while settling outside of court could be done in a matter of weeks.
Control over the Outcome
When you settle outside of court, you have more control over the outcome. You can negotiate better settlement terms that suit your needs.
Lower Costs
Settling outside of court is generally cheaper than going to court. Court fees, attorney fees, and other expenses associated with a trial can add up quickly, costing you a lot of money.
Conclusion
Settling a personal injury claim outside of court can save you time, money and give you more control over the outcome. However, in some cases, going to court may be necessary. The most important thing to remember is to have an experienced personal injury attorney by your side to guide you through this process.