There are many circumstances where you may consider filing a personal injury case against a company or individual who has injured you through their actions or negligence. But not all personal injury claims are created equal. You may feel that getting compensation for your injuries and trauma is about justice and fairness, but if the numbers don’t add up then pursuing a personal injury claim may be a financial hazard you don’t want to take. Deciding whether a personal injury claim is worth filing is a complicated process, but you won’t want to wait long. According to James McKieran Lawyers, a personal injury lawyer in Santa Maria, CA, “the longer you wait, the harder it becomes to thoroughly and accurately investigate the accident, gather witnesses and evidence, and take other important steps to protect your rights.” Here is your guide for deciding whether you should pursue a personal injury claim.
How Lawyers Evaluate a Claim
In order to evaluate a personal injury claim and decide whether they will take your case, a personal injury lawyer will look at a variety of factors. First, they will have to determine that they will be able to prove the other party was malicious or negligent and that those actions (or lack of action) caused your injuries. Then they will look at the potential for compensation as a result of your injuries. Lawsuits and paperwork can be a long, complicated, and expensive process for both you and your personal injury attorney, and they will want to ensure that you will walk away with a good amount of compensation that will reflect the amount of effort you and your lawyer put into the case. Finally, they will determine whether the claim can be put in correctly and according to procedure in your jurisdiction.
Settlement vs Trial
The vast majority of personal injury cases never make it to trial. You have probably heard in the news about certain high-profile cases being settled out of court, and the news media will sometimes make this seem like a shady or suspicious conclusion. In fact, it is a perfectly normal and natural result of how personal injury suits are set up: the entire process, from serving the claim to gathering evidence and witnesses to the trial itself, can be tremendously expensive for both the defendant and the plaintiff, and many defendants will want to settle out of court to save money in the long run and, if they’re a large company, avoid any negative press. Your personal injury attorney will be able to guide you if you have been offered a settlement. They will be able to help you determine whether the offered settlement is a fair one, whether continuing to pursue your suit is likely to get you greater compensation, and whether your case has any factors that will allow you to do better in court than through settlement.
Circumstances of a Personal Injury Claim
You probably already know that car accidents are the most prominent and well-publicized circumstances where many people file a personal injury claim. This is because there is often a simple way to assess who was at fault and what compensation is due. But there are also a large number of other circumstances that can lead to a personal injury claim being filed. These include slip-and-fall cases, medical malpractice suits, cases of negligent engineering, cases of bad maintenance, and cases where an individual was badly trained by their company and that resulted in your injury. In some of these cases, your lawyer will wish to file the claim against one individual, while in others they will file against a company or manufacturer. Sometimes multiple parties may be defendants in your case.