Personal Injury Cases
Personal Injury Cases
Injuries sustained in a car accident, workplace accident, construction accident, or any other type of accident can dramatically affect the life of the victim. Some victims won’t be able to work. Others may face the loss of a limb or permanent disabilities.
Some lose the simple ability to play with their children or enjoy their hobbies. All of these are painful and compensable losses. Victims have the right to file a personal injury claim and seek compensation for these losses.
Things to consider before deciding to file a personal injury claim.
To successfully file a personal injury claim, you must prove: (1) that the defendant was legally at fault (“liable”) for causing your injuries, and (2) the value of the losses you suffered (your “damages and damages”).
The person legally at fault for causing an accident has a legal obligation to compensate the victim for all their losses. That is why the victim must prove that the defendant was at fault for causing the accident. The defendant could be a negligent driver. It could be an employer that did not adequately train or supervise employees. It could be a car manufacturer that sold a car with defective brakes. There are many potential defendants in a personal injury claim. An experienced accident attorney can help you identify who has a legal obligation to compensate you for your injuries.
It is essential to understand that more than one party may be responsible for an accident. In a car accident, for example, two drivers could be at fault for not seeing each other. In a workplace accident, an employee can be found partly at fault for not wearing the safety equipment provided by the employer.
If, for example, two drivers were fifty percent at fault for a car accident, one driver could only recover half of their total damages from the other driver. Partial liability can drastically reduce the amount of compensation available to an injury victim. In some cases, it is so low that the victim chooses not to spend the time or money filing a personal injury claim.
Recovering damages for your injuries
The amount of your personal injury compensation will be determined by the value of your losses. If your injuries were minor, you may not have to miss work or make a painful recovery. This will result in a small personal injury settlement. For some personal injury victims, a small settlement is not worth the time and hassle of a lawsuit to recover. However, many injuries can quickly amount to thousands of dollars in damages.
What happens if you do not file a claim?
The decision to file a personal injury claim is yours. An attorney can provide you with information and advice, but ultimately, the decision is yours. Some people choose not to get involved with the legal system at all. While this is certainly understandable, it is important to understand the consequences of not filing a lawsuit.
Statute of Limitations.
All states have laws that limit the amount of time in which you must file a personal injury claim. Lawsuits filed after that point can be immediately dismissed. The insurance company has no incentive to make a settlement offer because they know you cannot sue. If you choose to ignore your complaint now, you may not have the option to change your mind later. After the statute of limitations expires, your claim will be lost.
You will be responsible for all future medical expenses: As discussed, an injury victim is entitled to compensation for all future medical expenses that they may incur. These bills can quickly add up to hundreds of thousands of dollars. No one, not even your doctors, can predict with certainty what medical care you will need in the future. If you do not file a personal injury claim, you will have to pay for any medical care you may need at any time in the future. This is not fair. Negligent defendants are legally required to compensate injury victims for their medical expenses.
You will not be compensated for your lost wages: Many victims lose at least part of their job because of their injuries, and defendants must compensate them for these lost wages. You do not know how much time you will lose from work because of an accident. You also don’t know if your injuries will permanently affect your income. As we have discussed, your earning capacity can be drastically reduced because of your injuries. This can lead to hundreds of thousands of dollars of lost income throughout your life. Without a lawsuit, the defendant avoids his legal obligation to pay you for these lost wages.
The unknowns: As you can see, medical bills and lost wages can lead to many unknown costs. There are also many other unknown costs that you may experience because of your accident. What if you need physical therapy or chiropractic services after the accident? What if you need assistive devices, such as crutches or a wheelchair? What about property damage to your car or other belongings?
An experienced personal injury attorney will help you explore all your losses so that you can receive fair compensation. Without the help of an attorney, medical professionals, and financial experts, it is almost impossible to know what losses you have suffered.
Contact our auto personal injury lawyers at 832-324-2616. Get in touch with us immediately so we can evaluate your case for free. We are available 24 hours a day, 7 days a week. You can also fill out a form by clicking here. Se habla Español