No one expects their day to end in an emergency room, but nearly 40 million people experience injury-related emergency room visits each year. Injuries always cause trauma and distress and can derail a life in an instant. Sometimes the impacts are temporary, but they may also have permanent consequences. If the injury was caused by someone else’s careless, reckless, or wrongful actions, those temporary or permanent consequences become the damages in a Westminster personal injury claim. Before filing a claim, it’s helpful to know how the process works and what to expect.
When Does an Injury Qualify for a Personal Injury Claim?
In legal terms, “personal injury” refers to an injury to one’s person. Personal injury law is based on the premise that we all have a duty to take reasonable actions to avoid causing harm to those around us. For instance, a driver has a duty to follow traffic laws and avoid distractions. A store owner has a duty to promptly clean up a spill to prevent a customer from slipping and falling.
When someone violates their duty of reasonable care or fails to act in the way that another reasonable person would in the same circumstances, and the result of their negligence is an injury, they are liable for the damages if the injury causes the victim to sustain medical expenses, income loss, and pain and suffering.
Filing a Personal Injury Claim
Personal injury lawyers typically offer potential clients a free evaluation of their case. During this initial consultation, they determine if the case has merit. If the attorney thinks there is a strong case proving liability and damages, and the injury victim hires them, the lawyer acts as a go-between for all communication with the insurance company.
Personal injury claims are typically filed against the appropriate insurance company, such as auto insurance after a car accident or premises liability insurance after a slip and fall accident.
Insurance companies protect their profits at an injury victim’s expense whenever possible. An attorney defends their client against common insurance company tactics and navigates the entire process of the case at no upfront cost to the client. Instead, the client only pays at the end, if and when the attorney recovers compensation on their behalf.
What Does The Attorney Do During the Personal Injury Claim Process?
A Westminster personal injury lawyer’s job is to defend their client’s right to full and fair compensation for their damages through the civil court’s laws for financial accountability against a negligent party. The accident attorney does the following:
- Investigates all aspects of the accident or incident by examining photos, accident reports, and eyewitness testimony, often also consulting with relevant subject experts
- Documents compelling evidence of the at-fault party’s liability by proving their actions were negligent through carelessness, recklessness, or intentional wrongdoing
- Calculates the injury victim’s economic damages like medical costs, anticipated future medical expenses, and lost income
- Uses the medical expenses, medical report, and medical expert testimony to calculate a fair monetary value for their client’s non-economic damages, like pain and suffering, plus any catastrophic injury damages such as loss of limb, disfigurement, the loss of one of the senses, or diminished quality of life
- Sends a demand package with their findings to the appropriate insurance company
- Begins negotiations with the insurance adjuster to arrive at an ample settlement
About 95% of personal injury cases are resolved with a settlement when the injury victim has legal representation through a skilled personal injury lawyer. Contact our experienced injury law firm for a free consultation.
Do I Have to Go to Court for a Personal Injury Lawsuit?
Most personal injury lawsuits never have to go to court. Instead, the at-fault party’s insurance company offers a mutually acceptable settlement to avoid court, which is more costly and time-consuming, and could end in a greater loss for them.
However, if your case is one of about five percent that require litigating in court, your attorney will ensure that you are well-prepared and will execute a strong strategy to obtain a favorable jury verdict and maximize the amount the jury awards you for your damages.