If you suffered injuries in an accident that resulted from another person’s negligence, you are eligible to file a personal injury claim. However, you should never deal with the insurance company and file a personal injury claim on your own.
If you represent yourself in a claim, the insurance company will not take you or your case seriously. They will assume that you do not have the necessary skills to negotiate a favourable settlement offer or take your case to trial if litigation becomes necessary. Therefore, the insurance company will offer you little-to-no compensation to settle.
When you think about it, this makes sense. Insurance companies are big businesses and do not make money by paying out personal injury settlements or jury verdicts. They make money by collecting premiums from their insureds and keeping that money in-house. Therefore, the insurance company does what it can to avoid paying you monetary compensation.
Having a knowledgeable personal injury lawyer throughout your case can be extremely helpful. In addition to filing a claim on your behalf or filing a lawsuit in court, your lawyer can represent you during settlement negotiations with the insurance company. Your lawyer will work to get you a fair settlement deal that fully compensates you for your injuries and makes you feel whole again.
Suppose the insurance company does not offer you the damages you deserve. In that case, your lawyer can threaten litigation and, if necessary, file a lawsuit and take your case to trial. Finally, a Philadelphia personal injury lawyer can answer your legal questions during settlement negotiations and litigation.
What are Some Accidents That Lead to Personal Injury Claims?
Several types of accidents can lead to personal injury claims. To file a personal injury claim, another person or individual must have behaved negligently or unreasonably under the circumstances. When another person’s negligence causes an accident and an individual suffers one or more injuries in that accident the victim can file a claim.
Some of the most common bases for personal injury claims include:
- Motor vehicle crashes - Including rear-end accidents, broadside collisions, sideswipe accidents, and head-on impacts, which typically result from driver error
- Pedestrian accidents - Where a distracted or intoxicated driver strikes a pedestrian on a sidewalk or while walking in a crosswalk, parking lot, or parking garage
- Motorcycle accidents and bicycle crashes - Where a driver negligently causes their vehicle to strike a motorcycle or bicycle, often dislodging the cyclist from their vehicle and causing them to suffer serious injuries when they hit the ground.
- Premises accidents - When a property owner fails to keep their property reasonably safe for the benefit of guests, causing a slip and fall or another injury.
The injuries that individuals suffer in these accidents vary from case to case. Still, they often include traumatic head injuries, broken bones, soft tissue contusions, bruises, lacerations, spinal cord damage, and paralysis.
Suppose you suffered one or more of these injuries in an accident.
Damages That Accident Victims Can Recover in Their Personal Injury Claim
If you can satisfy the legal elements of your personal injury claim, you can recover various damages. Not all personal injury cases and accident victims are the same. Therefore, different accident victims will recover different types and amounts of damages in their personal injury cases.
The damages an accident victim recovers will depend upon various factors, including the type of accident that occurred, the specific injuries you suffered, and whether or not your injuries were permanent, according to a medical provider’s report.
First, accident victims can recover lost wage compensation if they had to miss time from work to recover from their injuries. Occasionally, an accident victim’s injuries may prevent them from working in the same job or field after their accident. For example, they cannot always perform the same physical work duties or lift the same weight as before their accident. When an accident victim has to switch jobs and take a pay cut, they can bring a claim for loss of earning capacity.
Moreover, accident victims can recover compensation for all of their suffering, inconvenience, and pain resulting from their injuries. If, for example, the accident victim can no longer use a body part due to paralysis, they might be eligible to bring a loss of use claim.
Moreover, if the accident victim's injuries prevent them from spending time with family and enjoying sports and other recreational activities, they can bring a claim for loss of life enjoyment. Finally, accident victims can bring a claim for loss of spousal companionship, care, and family support.
In some accidents, including head-on car crashes and construction-site accidents, victims suffer such severe injuries that they pass away. The elements of proof in a wrongful death claim are much the same as in any other personal injury claim.
In a wrongful death claim or lawsuit, the deceased individual’s surviving family members can open an estate and pursue various damages. Potential damages include compensation for loss of the decedent’s future care and comfort, loss of the decedent’s future income, and the cost of burial and funeral expenses.
A knowledgeable personal injury lawyer will do everything possible to help you recover the compensation you deserve. Your lawyer can do this by highlighting the strengths of your case and downplaying any weaknesses when negotiating with the insurance company or litigating your case at trial or binding arbitration.
How Can a Lawyer Help You During Your Personal Injury Case?
There are numerous ways that a personal injury lawyer can assist you while your case is ongoing. First, your lawyer can investigate the circumstances of your accident. They can also help you file a personal injury claim with the appropriate insurance company and negotiate a settlement of your claim. Finally, if the insurance company refuses to settle your case favourably, your lawyer can file a lawsuit on time and litigate your case to a prompt and efficient resolution.
Investigating an Accident and Retaining Experts
In some instances, it can be a complicated process to ascertain how an accident happened. This is especially true in motor vehicle crashes involving two or more vehicles.
A personal injury lawyer can retain the necessary experts to investigate your accident circumstances and determine who or what caused it. An accident reconstructionist, for example, can examine eyewitness reports, police reports, and photographs and speak directly with eyewitnesses to piece together how the accident happened.
In addition, they can retain a medical expert to connect your injuries to the accident. The expert may also determine that you suffered a permanent injury in your accident based on reasonable medical certainty. A permanent injury will not improve over time. An accident victim who suffers a permanent injury may also experience pain and symptoms for the remainder of their life.
Filing a Personal Injury Claim and Negotiating with the Insurance Company
One of the essential tasks that a personal injury lawyer can perform is preparing and filing a claim with the insurance company. The claims-filing process starts when your lawyer drafts a settlement demand letter, gathers up all of the necessary documents, and assembles them into a complete demand package. Essential documents include copies of the police report, eyewitness statements, photographs of property damage, the accident scene, your injuries, lost wage documents, medical records, and a victim impact statement.
Once the insurance company adjuster handling your claim receives and reviews this information, they may offer you a settlement offer. Initial settlement offers are rarely reasonable, and your lawyer must negotiate with the insurance company adjuster several times. Insurance companies will try to save as much money as possible, and they will not gratuitously offer you significant compensation immediately.
Your lawyer can aggressively negotiate with the insurance company in pursuit of a better offer. But if the adjuster adamantly refuses to increase their offer, your lawyer can threaten litigation and, if necessary, file a lawsuit in court. Even after filing a lawsuit, settlement negotiations may continue.
Litigating Your Personal Injury Claim
Filing a lawsuit begins the litigation stage of a case. Personal injury cases require litigation when insurance companies will not offer fair compensation or when the insurance company disputes liability. Once your lawyer files a lawsuit in court, the insurance company will retain a defense lawyer to represent the at-fault party. The defense lawyer will then file a formal answer on their client’s behalf, and the discovery stage of litigation will begin.
During discovery, the parties exchange documents and answers to written questions called interrogatories. These questions relate to how the accident happened, the injuries the victim suffered, their medical treatment, missed work time, and other accident consequences. In addition, the defense lawyer may want to take the accident victim's discovery deposition. During a deposition, a defense lawyer will ask many of the same questions in more detail.
A personal injury lawyer can assist you with answering the written interrogatories and preparing you for your deposition.
Once the parties complete discovery, they may feel better positioned to settle. By that point, each side understands the other's strengths and weaknesses. If the case does not settle, the case will proceed to a jury trial. At a civil jury trial, the jury will decide all disputed issues, including the amount of monetary compensation to award the accident victim.
Sometimes, the parties will go a different route and pursue alternative dispute resolution. For example, at a mediation hearing, a neutral mediator will help facilitate settlement discussions between the parties. At binding arbitration, parties select an arbitrator to hear evidence in the case and decide the issue of damages.
Your lawyer can help you decide whether you should accept a pending settlement offer in your case, file a lawsuit, litigate it in the court system, and, if necessary, take it to trial, mediation, or binding arbitration.
Filing a Timely Personal Injury Lawsuit
Victims of accidents caused by negligence do not have unlimited time to file claims or lawsuits. Instead, they must file their lawsuit within two years of their accident date.
If they file even one day late, they will not be eligible to recover damages for their injuries. Therefore, if you suffered injuries in an accident, seek an experienced personal injury lawyer to represent you immediately.
Your lawyer will be aware of the two-year statute of limitations and can file a personal injury lawsuit on your behalf promptly. Your lawyer can then begin the claims-filing process and negotiate a reasonable settlement offer in your case.
Speak to a Knowledgeable Personal Injury Lawyer Today
Representing yourself in a personal injury case is never a good idea. The insurance company will almost certainly take advantage of you, and you are unlikely to recover the total amount of monetary compensation you deserve on your own.
Generally, the sooner you retain a personal injury lawyer to represent you, the prospects for you and your case will improve.
In addition to filing a prompt claim or lawsuit and safeguarding your right to recover monetary compensation, your lawyer can aggressively fight for your legal interests at the settlement negotiating table and in the courtroom. Your personal injury law firm in Philadelphia will work tirelessly to recover the maximum compensation available to you in your case.
Get A Free Consultation Today!
Gabriel Levin - Owner/Founder
Gabriel Levin is a highly experienced and award-winning attorney with over 10 years of practice in Pennsylvania. Known for his tenacity, he has represented clients in a wide range of civil matters and tried hundreds of cases. He prepares each case as if it will go to trial, ensuring meticulous attention to detail.
Unlike many firms that delegate tasks, Attorney Levin personally handles every aspect of each case and maintains open communication with his clients throughout. He has secured millions in compensation, making him a smart choice for those seeking legal representation.
Learn More