About Law Info
When some acts in a negligent or reckless manner that causes an incident that results in a victim becoming injured, the law allows that victim to pursue legal action against the at-fault party for any losses they may have sustained because of those injuries.
Many victims face medical and financial burdens as they try to recover from their accident injuries. If the injuries are serious, these burdens can become overwhelming. The victim may have required emergency medical treatment, tests to diagnose the injuries, surgeries, hospital stays, and even rehabilitation stays. While all this recovery is taking place, the victim is unable to work and loses income. They have no way to pay their household expenses and other debts.
Along with the financial burdens, there are also the physical and emotional burdens accident victims struggle with. Although these losses do not have actual financial value, such as medical bills, the victim still has the right to collect financial compensation for them. These are referred to as non-economic damages and can include:
- Pain and suffering
- Mental trauma
- Permanent disability
- Loss of life enjoyment
Starting the Process
In most cases, the victim’s personal injury lawyer will file a claim with the at-fault party’s insurance company. This must be done within the statute of limitations that the state the accident took place in has set. In most states, that time frame is two to three years. Once the time has elapsed, the victim can no longer pursue legal action.
Once the insurance company receives the amount the victim requires to become “whole” again, there is typically some negotiation that takes place between the two sides. If no agreement can be reached, the case will be litigated and a jury will decide.
The majority of personal injury claims are settled and never go to trial. In fact, out of almost 400,000 personal injury claims that are filed each year, less than 20,000 of those cases actually end up in a courtroom. This is because the cost of a trial can be extremely high so insurance companies look to avoid this. Litigating a case in court also takes a lot longer to resolve than coming to a settlement. It is not uncommon for even cases that are headed to trial to come to a settlement agreement before the trial starts. Legally, a settelment can be reached up until the time the jury announces its verdict.
Legal Help Is Available
If you have been injured in an accident, is in your best interest to speak with an experienced personal injury lawyer to find out what legal options you may have against the party responsible for your injuries. Your lawyer will provide the professional legal guidance you need to ensure you get the maximum financial compensation you are entitled to in an insurance settlement or jury award. Thank you to our friends at Council & Associates, LLC for the information about premises liability claims.