If you have been in a serious accident, money is probably tight for you. You will have to pay for expensive medical care, which can be an ongoing expense depending on the severity of your injury. Also, because of the pain you feel, heading back to work can be impossible. This means that you sustain lost income while you recover at home or in a hospital. As you go through all financial and emotional challenges because of your accident injury, you need somebody to help you pursue a personal injury claim. This claim will help you recover compensation that covers your injury and the resulting losses. An attorney at The Baer Law Office will advocate for your rights and interests, ensuring you secure the compensation you deserve.
A personal injury attorney will negotiate a fair settlement with an insurance company. Without their help, you can easily be taken advantage of and possibly get compensation that does not reflect the true value of your claim. So, before you think about trying to go it alone, here are things you should consider:
The Damages You Want to Recover
Following an injury that resulted from an accident caused by another party, you want to be compensated for the economic damages you have suffered. These include medical care, lost wages, lost earning capacity, and property damage. Calculating these damages is easy because there are documents that reflect them. However, if you are also pursuing compensation for non-economic losses such as pain and suffering, emotional distress, disfigurement, loss of life enjoyment, and loss of consortium, you probably do not know how to calculate them on your own. Because of this, you may not be able to negotiate effectively with the insurer. Your attorney will take into account all your damages and make sure your settlement reflects them.
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Availability of Evidence
As a claimant, you have the responsibility to prove liability for the accident. You must show that another party is responsible for the accident. Remember that if you are found to be 100% at fault for it, you can’t recover compensation from the opposing party. You should not be more than 50 percent at fault to make a successful recovery. Also, the amount you can recover will be reduced based on your percentage of fault.
But you need to look for evidence to prove fault. An attorney can help you in this process since they know the specific kinds of evidence to collect. Following an accident, you may be in serious pain or confined to bed and cannot leave your house. Thus, you need to work with a skilled lawyer to dig and discover evidence that can support your claim.
Your Ability to Negotiate
While the majority of personal injury cases are settled outside of court, you may have to negotiate with an insurance company or the other party to get a fair settlement. An insurance adjuster does not reach out to you and hand you a generous payout. Rather, they often begin with a low offer. But you can always reject this offer and make a counteroffer.
An experienced personal injury attorney is a skilled negotiator. They know that insurance adjusters do not care about claimants. Also, they know how to value your claim and the amount to hold out for. This knowledge strengthens their hand in negotiations.
Your Ability to File an Injury Lawsuit
If the insurance company refuses to pay the compensation you demand, you may need to take your case to court. This means filing a lawsuit with the appropriate court. Unless you are an attorney, you may not have knowledge of the rules of evidence and civil procedures to litigate your case. But an attorney studies these things in law school.
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