Pursuing a Personal Injury Claim
In the wake of an accident, treating injuries and recovery will be consuming for victims. One essential factor is whether pursuing compensation with a personal injury claim is in your best interest. David Law Group, P.A. can share that, after an accident, the idea of taking legal action may be a far-off thought. However, in addition to caring for injuries, determining whether you have a claim against the responsible party should be prioritized. Pursuing a personal injury claim is a way for victims of accidents to be compensated for their losses. These losses take the form of economic and non-economic damages, and a lawyer will be necessary to determine the actual value assigned to all damages victims face. Once a fair value has been assigned to the claim, negotiations with the insurance company can start, and victims will need a lawyer by their side to ensure that a favorable settlement is received.
Most accident victims are unclear about the process for pursuing damages after an accident. There are several components involving this process, and because of this, it's often in your best interest to reach out to a lawyer for guidance. They will review the case and determine whether it's in your best interest to move forward. Should it make sense to move forward, it's often recommended to first attempt to settle with the insurance company. With the assistance of an experienced lawyer, evidence that supports the claim and helps outline the extent of damages will be necessary. The legal process is initiated by submitting a demand letter to the insurance company in most cases. The demand letter informs the other party of your intention to seek compensation for damages. The demand letter will outline the losses that have resulted from the accident and provide evidence supporting the claim. Our personal injury lawyer Orlando, FL, will share that demand letters often include:
- An account of the accident
- An account of injuries faced by the victim
- Information about the impact the accident has had on the victim
- A request for settlement (with the amount)
- Evidence in support of the claim such as:
- Medical Documentation
- Police Reports
- Accident Reports
- Proof of Lost Wages
- Receipts for Expenses Incurred
Attempting to procure a settlement from the insurance company is advisable as it can often result in a fair settlement offer through negotiations. This is usually a preferred route as it is a way for victims to receive the compensation they deserve without the need for costly litigation.
An Outline of Potential Damages
When victims take legal action, the amount of compensation they are eligible for will be at the forefront. Damages are the losses victims have experienced from an accident and are a legal way of monetizing these losses to make the victim "whole" again.
Damages fall into two buckets, economic and non-economic damages. Economic damages are tangible losses that victims face. Examples of economic damages include:
Property Loss: such as damage to the victim's vehicle, home, or personal possessions
Loss of Income: when a person has experienced lost wages as a result of being unable to work because of the accident
Medical Expenses: any treatment for injuries that can include physical therapy, emergency room services, follow-up appointments, surgery, medications, etc.
Non-economic damages can be more challenging to value because the value of these losses is often subjective. Examples of non-economic damages include:
Pain and Suffering: accidents that result in injuries will require medical treatment, but they will also cause significant pain for the victim. It may be possible to assign a value to the physical pain experienced by victims
Emotional Anguish: mental health may be impacted, and victims may suffer from PTSD, anxiety, depression, etc.
Loss of Enjoyment: injuries may mean that victims are no longer able to live their life the way they did before; this may include participation in activities that they can no longer do
Disfigurement: at times, victims may be left with permanent disabilities or scarring from the accident
Receiving a Settlement from the Insurance Company
An insurance adjuster may contact victims looking for more information about the accident. While these conversations may appear benign, it's best to proceed with caution by first consulting with your lawyer. The insurance company is not on your side, as they will be looking for every opportunity to undervalue the claim. If you are offered an initial settlement from the insurance company, the settlement is likely much lower than your claim is worth. While some victims may be inclined to accept this settlement, know that this first offer is often just a kick-off point for negotiations. Victims should have a lawyer by their side who can work with them and negotiate with insurance companies for the best offer possible.
