When someone is hurt, due to negligence or acts of carelessness, there is often a personal injury claim filed. The purpose of filing a claim is to get compensated financially for losses incurred due to the accident or incident.
Personal injury claims can be a result of a variety of situations, such as car wrecks, dog bites, slip and fall accidents, medical malpractice, assault and battery, and even defamation, which is when a person injures or harms another person’s reputation.
State laws will vary from state to state, so rules will not be the same across the country, but many states tend to draw from a guidebook called the Restatement of Torts, when it comes to personal injury matters. Likewise, personal injury cases will vary from case to case but there are some basic steps that most personal injury cases share.
First, an accident or incident has to occur that results in the plaintiff being injured. The specifics of the accident or incident will determine whether the defendant did, in fact, breach a legal duty. For example, a driver has the responsibility to operate and control his or her vehicle with a level of care that anyone would display while on the road. Doctors are required to provide medical care with a level of competence.
If it has been determined a breach of legal duty occurred, and everyone involved is in agreement, the personal injury case may be settled out of court. The plaintiff would receive a financial compensation and would agree to sign an agreement promising not to file a lawsuit over the said injury. At this point, the claim is settled and all parties can move on.
In the event an agreement cannot be reached, then it is likely a trial ready personal injury lawyer will need to be hired. This lets the defendant and insurance companies know that you demand a fair settlement and will file a lawsuit if necessary. An example of this could be explained from the best Phoenix personal injury lawyer proving the benefits of using the services of an experienced trial lawyer for representation. A trial ready attorney that handles physical injury cases will provide you guidance and will know how to determine what a fair settlement might look like and he or she will work to get you the best-ending result.
This particular personal injury lawyer in Phoenix will investigate each claim and collaborate with medical experts and reconstruction experts if necessary. It is imperative for accident victims to provide clear evidence of the degree of your injuries and proof that you were not at fault. This may include, medical records, police report, photographs, proof of lost wages, and medical bills.
Sending a demand letter can help start negotiations and lets the defendant and insurance company involved know where you stand in terms of a fair compensation amount. An effective demand letter will explain the facts around your accident or event and will provide clear evidence as to why the defendant is liable for the injury and any losses. In addition, the letter should include a detailed list of injuries, medical expenses, wages lost and any ongoing pain and suffering. Be sure that a demand letter is not sent until you are near the end of your medical treatment to ensure you have accounted for all medical cost.
Knowing what the policy limits are will help you know what the maximum insurance payment could be. If your case is heard before a judge, it is possible, a judgment higher than the maximum insurance limit could be made, and the defendant would then be personally responsible. Most importantly, make sure you have all the necessary evidence to prove fault and be able to provide clear proof of your injuries and losses incurred. With ample evidence, and if no settlement can be reached, you will be able to confidently go to court if you are prepared.