Personal Injury Law Explained: A Guide for Clients and Counsel

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Personal Injury Law Explained: A Guide for Clients and Counsel

Suffered an injury in an accident that was not your fault?

Personal injury claims can be confusing. Add in medical expenses, time off work, and physical pain and you’ve got a recipe for stress. But it doesn’t have to be this way…

Learning your rights and what to expect from the process will make everything easier.

In this post you’ll learn:

• When You Actually Need A Personal Injury Claim
• The True Value Of Your Personal Injury Case
• How Long Personal Injury Claims Really Take
• Choosing The Right Legal Representation

When You Actually Need A Personal Injury Claim

Most people think you need to be seriously hurt in an accident before you have a valid personal injury claim.

But that’s not true…

The bottom line is this. If your injury was the result of someone else’s negligence you probably have a valid claim. This can include car accidents, slip and falls, dog bites and other injuries. The main criteria is that you have to be able to prove the other party was at fault.

It’s simple really…

Say you are at the store when someone slips on an obvious wet floor and knocks you over. They just broke a glass bottle on the tile and left it there for an hour. Do you think the store’s insurance company should pay for your medical bills, lost wages from time off work, and your pain and suffering? I thought so.

It’s the same in more serious cases. Someone caused an accident that hurt you and it’s only fair that they (or their insurance company) are responsible for your damages.

You might not know this, but nearly 400,000 personal injury claims are filed in the US every year. If you are struggling with growing medical bills and wondering if you have a case, speak to a personal injury attorney in Philadelphia as soon as possible to find out what your options are and protect your rights.

The truth is most accident victims wait too long to contact an attorney. They think their case isn’t “serious enough” or they try to handle it themselves. The insurance company has a team of lawyers working full-time to pay you as little as possible.

You deserve a lawyer working full-time on your behalf.

The True Value Of Your Personal Injury Case

Want to know how much your claim is really worth?

The value of a personal injury settlement can vary wildly. The most important factor is the severity of your injuries. Other elements include:

• Total medical costs (past and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage
• Long-term disability or disfigurement

Here’s the thing…

According to recent data, the average auto liability claim for bodily injury paid out $26,501. But don’t be fooled by averages. Some cases are settled for far less, while others can be worth hundreds of thousands or millions.

The insurance company is going to make a lowball offer to you right after your accident. They want to get you to accept it before you have a chance to learn about the true extent of your injuries and damages.

Don’t fall for it.

Some injuries have a delayed impact. For example, back pain from a car accident can turn into a chronic condition that requires therapy and treatment for years. An early settlement gives you no rights to future compensation if your injuries get worse.

Legal counsel is key here. An experienced attorney will know how to calculate the true value of your case, factoring in future medical costs and the long-term impact on your quality of life.

How Long Personal Injury Claims Really Take

The one thing people always ask is: “How long is this going to take?”

The honest answer?

It depends. Some simple cases can settle in a few months, while more complex cases can take a year or more. Highly complex cases with large damages and disputed liability can take even longer to settle.

Before you panic, realize this…

About 95% of personal injury cases settle before going to trial. This is actually good news because trials are expensive, time-consuming, and risky. Negotiating a settlement usually results in faster and more certain outcomes.

The timeline for your personal injury case will look something like this:

You start by seeking medical attention and documenting your injuries. The attorney gathers evidence, reviews your medical records, and calculates the total damages. Then they submit a demand letter to the insurance company.

Negotiations begin. The insurance company will almost certainly make a low initial offer. The attorney will counter with evidence to support a higher settlement value. This back-and-forth continues until you reach an agreement or decide to file a lawsuit.

Filing a lawsuit doesn’t mean going to trial.

The vast majority of lawsuits are settled before trial. Filing a lawsuit just gives you more leverage in settlement negotiations and shows the insurance company you mean business.

Choosing The Right Legal Representation

One more thing most people don’t know…

Not all personal injury lawyers are created equal. The attorney you choose will make or break your case. You need someone with experience handling cases similar to yours.

Look for an attorney who:

• Specializes in personal injury law
• Has a history of successful case resolutions
• Communicates clearly and keeps you informed
• Works on a contingency fee basis
• Understands the local courts and insurance companies

What is contingency fee?

Simply put, you don’t pay any legal fees unless you win your case. The attorney takes a percentage of your settlement. This means they have an incentive to get you the maximum possible amount.

Most personal injury attorneys offer free consultations, which means this is the time to ask questions, understand your legal options, and see if you have a good rapport with the attorney.

Don’t be shy about interviewing multiple lawyers. This is an important decision that will have a direct impact on your financial recovery during an already stressful time.

The Insurance Company’s Strategy

What are you up against?

Insurance companies are profit-driven businesses that are looking out for their own bottom line. They have entire teams of lawyers whose job is to pay out as little as possible to personal injury victims. Insurance adjusters are trained to:

• Get recorded statements that can be used against you
• Minimize the severity of your injuries
• Argue you were partially at fault for your own injuries
• Pressure you into accepting a low settlement
• Drag their feet in negotiations hoping you’ll give up

This is where legal counsel makes a difference.

When you have an attorney handling your case, the insurance company knows they can’t use these tactics. Your attorney acts as a buffer between you and the adjuster to protect your interests and get you fair compensation.

Remember, just because the adjuster is friendly and wants to help you, doesn’t mean they have your best interests in mind. They work for the insurance company, which means their job is to save their company money – not to look out for you.

Taking Action On Your Claim

The clock is ticking on your personal injury claim…

Every state has a statute of limitations that sets a deadline for filing lawsuits. In most states, it’s two years from the date of the injury. Miss the deadline and you permanently lose your right to compensation.

Time matters for other reasons too:

• Evidence can disappear
• Witnesses forget details
• Medical records can get lost

Get a move on if you’ve been injured. Seek medical attention immediately, document everything related to your injury and accident, and get in touch with a qualified attorney as soon as possible. Your future financial recovery depends on the actions you take today.

Let’s Wrap This Up

Personal injury claims don’t have to be hard to understand. When someone else’s negligence causes your injury you have a right to compensation for your damages. This includes medical bills, lost income, pain and suffering, and more.

The insurance company is going to do everything they can to pay you as little as possible or deny your claim altogether. Hiring experienced legal representation levels the playing field and dramatically improves your chances of getting fair compensation.

Most personal injury attorneys work on contingency so you don’t pay anything unless you win.