All areas of the law are complex, and that includes personal injury claims. Sadly, many victims of personal injury start the process without knowing all of the details.
Read this FAQ to get answers to some of the most common questions regarding accidents and personal injury claims.
When Does an Accident Result in a Personal Injury Claim Settlement?
Not all accidents give the victims grounds for a personal injury claim. For there to be a lawsuit, there needs to be evidence of negligence. Another party must have acted negligently and caused your accident.
You also must have an injury. While you can file a lawsuit for a minor injury, a small scratch is not enough to warrant a lawsuit. It needs to affect your life in some way.
What Are Some Types of Personal Injury Claims?
Many accidents fall under the umbrella of personal injury claims. For instance, a car accident caused by a drunk driver could result in a settlement. By driving while intoxicated, the driver was negligent. Their actions make them financially liable for your accident.
Another example of a personal injury claim is a slip and fall accident at a retail store. If a manager knew about the spill and didn’t clean it up, they are responsible for your accident. You could seek a settlement from the company for the injuries you experienced in the incident.
Who Pays Your Settlement?
Some people hesitate to seek a settlement because they don’t want to cause financial distress to someone else. However, it’s unlikely that your claim will come from their bank account. In most situations, personal injury settlements involve an insurance provider.
Consider the example of a car accident. In Florida, there were 254,484 injuries caused by car accidents in 2018. If a negligent driver causes an accident, their insurance provider could be the one who pays for your settlement. When trying to get a settlement, you will need to negotiate with the insurance company.
Premises liability accidents, construction site accidents and many other personal injury accidents usually involve insurance companies. If the individual who caused the accident is uninsured, then the person who is liable for the accident may be responsible for paying out-of-pocket for the settlement.
How Can You Get a Settlement?
One way to get a settlement is to send a demand letter to the liable party. Before you file a lawsuit, you should have your attorney send over a demand letter to the negligent party. In the letter, you request a certain amount of money in damages.
There’s no guarantee the other party will meet your demands. However, it is a start. If they don’t meet your demands, you can initiate the lawsuit.
There’s another chance for a settlement offer. Once the lawsuit is filed and the discovery process is finished, both parties can go to mediation. Most personal injury cases end here. The two attorneys negotiate an agreement and a settlement is made. If this doesn’t happen, the case moves to court. Then, the court decides if you will receive money and how much you will receive.
Do You Need a Lawyer?
To get a settlement, you aren’t required to have a lawyer. But you should consider working with one.
An attorney greatly improves your chances of getting a desirable outcome. The legal process is complex and challenging.
If you’re interested in getting started, contact Abercrombie, P.A.. The sooner you contact a lawyer, the sooner you can reach a settlement.