When you are injured in an accident, your first thought might be that you need to file a personal injury claim to ensure that all your injuries are handled. It is true that in some cases, filing a lawsuit is the best action for you to take. That may not be the case in all situations. You must understand if your particular situation requires legal help. If you are uncertain, you can always visit https://www.lampertwalsh.com/ to find out more information. Continue reading to find out some additional details about personal injury cases that you may not have known.
While you may have been injured, that does not mean you should file a personal injury claim. Simply being injured is not enough to recoup any money in damages; compensation is never guaranteed. There must be legal reasons why you are stating that the person you are suing is responsible for your injuries. Negligence is a good reason why someone may be responsible for your injuries. There has to be some reasonable thought as to why the defendant had a duty to keep you safe. You must prove that reason, as well as prove that the defendant did not do all that they could to ensure your safety. You also must prove that your injuries are a result of the defendant’s negligence. The burden of proof falls on you, which means it is your responsibility to prove all of those things to make your claim valid.
There are different types of personal injury claims. These include malpractice, car accidents, battery, assault, animal attacks, and others. Most of the time, these types of cases include one or more insurance companies. When an insurance company is involved, they work hard to protect the interest of the insurance company. They may attempt to offer you a settlement that is not fair. It would be best if you did not accept an insurance company’s offer without first consulting a lawyer. Many of these cases are resolved outside of court due to a negotiated settlement with either the defendant or the insurance company. You always have the right to accept the settlement or not. If you do not, the case will go to court. It is possible that you can be found partially responsible for your injuries. If this is the case, the amount of money you are awarded is reduced. Usually, there is a determination of how responsible you are based on a percentage. That percentage is then subtracted from the final settlement amount. There could be a limit on how long you have to pursue a case, so you should be aware of an expiration date. This is usually determined by the laws governing the state in which the injuries occurred.