9 November, 2021
The legal field houses numerous subsections. One of the biggest sections in personal injury law. Designed to solve disputes that involve car accidents, this field is unique. Plus, the uniqueness of this field requires a smart legal mind. That’s why victims of car accidents are advised to hire the right lawyers. This guide will help you understand all things personal injury law and why you should hire a lawyer.
Introduction
Not all personal injury claims go through. Some of these claims are defeated. Thus, you should get the process right. This involves hiring a good Personal Injury Lawyer in Lawrenceville, GA. Also, follow the right steps. Don’t make common mistakes. Stick within the timelines.
Process
Most negligence claims involve making frequent phone calls and writing letters or emails to the insurance adjuster. The defending party’s insurance company will assign your case to an insurance adjuster who might request that you issue them with recorded statements of your case.
If you aren’t careful enough, the information you give might be utilized to weaken your case. Remember, not all injuries will show up immediately after the accident. So, be sure to consider your future damages when making your statements.
Compensation
Several aspects might affect the amount of compensation you’re entitled to. These may include the type of crash, the extent of your injuries, as well as your ability to work. If the injuries have led to the loss of employment or lack of enjoyment in life, you might receive a higher amount of compensation.
Common types of damages include lost income, medical expenses, emotional damages, loss of family, pain, and damaged property.
Benefits
Most personal injury cases don’t go to trial. In most cases, they’re settled out of court. Personal injury attorneys often charge about thirty-five percent of any settlement amount you receive. So, depending on the complexity of your case it might be an incredible idea to handle your claim.
Certain lawyers charge an hourly rate. And this can add up pretty quickly and significantly 9reduce the amount of compensation you’ll remain with.
When Should You Look for Help from A Lawyer?
Insurance companies will always try their best to settle negligence claims economically. Like any other business, their main aim is to make a profit. They don’t enjoy paying claims as this increases their expenses and minimizes profitability.
In short, they’ll try to employ delay, deny, and defend tactics. They’ll deny that the crash was caused by their insured client. Plus, they’ll delay awarding you reasonable compensation for your injuries and damages. They’ll do this to convince you to accept their initial settlement offer. They’ll rarely provide you with the highest settlement amount.
Thus, if your claim involves complex issues, like severe injuries, then it’s always advisable to hire an attorney. Such a professional will know exactly how to handle complicated liability issues. Plus, he or she will be familiar with the tactics employed by insurance adjusters. As such, they’ll be able to fully protect your needs and strike a better deal.
Complex Situations
Not all negligence claims are the same. They all require different conflict resolution strategies. Depending on the nature of your case, you can either choose to handle the case on your own or hire a legal expert to represent your interests.
If you decide to handle your claim alone, then be sure to conduct extensive research. But this won’t always be simple. So, be sure to carefully review your options. Don’t make hasty decisions regarding your case. Some of the things you’ll need to learn about include what’s negligence, what’s an intervening cause, what’s a proximate cause, etc.
Determining Property Damage Value
If your case isn’t complex and only resulted in minor injuries, you might not need to hire an attorney. However, if the third-party’s insurer denies liability, then you might have to hire an experienced lawyer to represent your interests. If you accurately document your injuries and damages, you should be able to receive maximum compensation.
But be sure to consider your future damages as well. You might have residual effects late. So, be sure to inform your attorney about this. He or she should carefully access your injuries, negotiate with both parties, and represent you in court.
Some of the excuses the insurance adjuster will give for paying less include minimal damage, pre-existing injury, treatment gaps, and too much treatment. Bear in mind that insurance companies often pay the higher settlement amounts to plaintiffs who’re represented by a reputable attorney.
Life-Changing
Personal injury accidents can have a severe impact on someone’s life. They can have a dramatic effect on your life. And in some instances, they can permanently change your life. Regardless of the nature of your case, the most important thing is the kind of actions you’ll take after the accident.
Actions You Should Take
If you have been injured in a car accident, consider pursuing a personal injury claim for compensation. But before doing this, it’s always important to seek support and counseling.
A personal injury typically refers to the legal action you take after being involved in an accident. And this is particularly true if your injuries were caused by another person’s negligence. You can always claim compensation for medical care costs, lost wages, or psychological trauma.
Types Of Claims
Personal injury claims can be classified into various types, including:
Road Accidents
Road accidents are commonly caused by reckless motorists, pedestrians, and cyclists. Common claims that fall under this category include bicycle accident claims, car accident claims, pedestrian accident claims, hit and run accident claims, as well as, rear-end or side-impact collisions.
Work-Related Accidents
These refer to accidents or injuries sustained in the workplace due to the employer’s negligence or the carelessness of fellow employees. Common work-related accidents include health and safety violations, farm accidents, repetitive strain injuries, construction site accidents, manual handling injuries, faulty machinery accidents, and faulty PPEs (personal protective equipment).
Public Claims
Public claims are those injuries you sustain while in a public setting. They’re commonly caused by improperly maintained public environments. They include car park accidents, slip, and fall accidents, food poisoning in a restaurant, car park accidents, and much more.
Parties Involved When Determining a Claim
A claim involves several parties. Here are the main parties involved in the claim:
The Claimant
The claimant is one of the main parties in a claim. Also referred to as the plentiful, the claimant represents the injured party. This is the party that applies the claim.
The Respondent
On the other hand, the respondent represents the party that’s held responsible for the claim. In some cases, the respondent is also known as the respondent. He/she is the party being accused of causing the accident and injuries.
The Personal Injuries Assessment Board
This is an independent board that handles claims relating to personal injuries. This board sits down, evaluates the claims, before making the final determination. Thus, your claim will have to pass through this board. With an independent assessment from this board, you can be sure of a fair hearing. This board will help the court make the final ruling. The court will base most of its decisions on the report from this broad.
The Solicitors
The lawyer can protect your rights throughout the case. Solicitors are trained to negotiate on behalf of their clients. They will try to get a clear picture as far as your injuries are concerned. He/she will go through both mental and physical-based injuries. Your solicitor will rely on the medical reports. He/she will assess the reports from independent doctors. Still more, the work of a solicitor is to persuade the court to award you the right compensation. Thus, he/she will present credible evidence regarding your case. That’s why you need the best and most experienced lawyer on your side.
Your lawyer will do the following things:
- Evaluate your case
- Follow explicit instructions from the client.
- Analyze the medical treatment report from the doctor
- Prepare a claim application. He/she will then send the application to the PIAB for consideration.
- Make his/her observations regarding the PIAB assessment
- Make an oral submission before a court of law
All these tasks require a diligent lawyer. They require you to hire a competent, experienced, and trustworthy lawyer. Thus, be sure to get the right lawyer. Conduct your comprehensive research before settling on a certain lawyer. Look for things like certification, experience, education background, and success rate.
The Insurers
The insurance company from the side of the respondent will also be enjoined in this case. This is the party that will pay the compensation. Thus, they will have to be represented in the process.
Tips For Making A Claim
Making a claim is a process. You should get all the steps right. Don’t skip any step. Fill in all the required details in the documentation. Also, you should fill the claim within the required timelines. Here are a few steps you should know:
Talk To Your Attorney
The first step involves speaking to your solicitor. Tell your solicitor what happened. Explain how the accident happened. Show him/her the photos of the accident scene. Bring on the documents to your solicitor. This will help the solicitor build a strong case.
Contact The Defendant
The next step involves contacting the defendant. Explain to him/her that you intend to apply for claims.
Go Through Medical History
The judge will decide your case based on the evidence presented. Your medical history will form a big part of the evidence. This includes medical reports. Bring medical reports. Have the bills ready. Factor in future medications. These are the pieces of evidence that will make your case stronger.
Fill The Claim Application
You will be presented with an application form. Fill in the correct details. Don’t skip any space. Preferably, fill the form in the presence of your lawyer. Don’t hide anything. Never exaggerate figures. Be truthful with the details you fill out.
Submit Your Application
The next step involves submitting your application. This is a straightforward process. Thus, it shouldn’t pose any challenges.
Claim Award
The claim will be awarded based on the assessment report. The judge will award you a fair amount based on the evidence presented. He/she will also consider several factors before awarding you the claim.
Do You Have a Valid Claim?
You should talk to your lawyer to ascertain if your claim is valid. A lawyer will look into your case and go through the available evidence. He/she will conduct a detailed analysis of evidence. It’s important to know your rights. Ask questions. Seek clarifications. Use this criterion to determine if you are eligible for claims:
- Faut—Were you involved in an accident? Do you believe that the other party was at fault? Well, if so, then you have a claim. Proceed to consult your lawyer.
- Duration—When did the accident happen? Did it occur in the past 2 years? If so, then it’s time to bring a lawyer into the question.
Eligible Claims
According to law, the following claims cannot be assessed by the PIAB:
- PIAB cannot assess medical negligence-based claims.
- Your case cannot be assessed by the PIAB if the injuries were completely psychological.
- Pre Existing conditions—If your injuries were aggravated by a preexisting condition, PIAB cannot access it. According to experts, these injuries are complex in nature. They require more expertise. Thus, PIAB will shy away from dealing with such claims.
Application Fee
You must pay a specified fee to have your claim processed. It's important to get in touch with your solicitor to be aware of these fees. Normally, they are not huge fees. They are affordable.
Timelines
Your claims can take time. It depends on the complexity of your case. However, it takes 7 months to process your claims. Thus, it's important to be very patient. Allow the process to continue naturally. Manage all your expectations.
The Bottom-Line
The above guide contains key things regarding personal injury law you should know. Thus, before taking your case, understand what the law says. Know the statutes of limitation. Understand how a claim is filed. Use the right procedure to select the best attorney.
