Personal injury law is a complex system that enables accident victims to claim compensation for their losses.
According to personal injury attorneys, insurance companies always take advantage of victims who don’t have a lawyer. This is because victims are not aware of the cheap tricks insurance companies use.
Also, it should be noted that most victims aren’t well-versed inpersonal injury law. Learning about personal injury law is important. This blog post does its bit by educating the reader about personal injury law.
Do I Need A Lawyer?
The short answer is yes. While it is true that you can file a claim without the help of a lawyer, hiring one can significantly improve your chances of obtaining fair compensation.
Insurance companies take advantage of victims who don’t have lawyers. Their goal is to reject or reduce your claim. A lawyer can protect you from insurance companies and acquire fair compensation for you.
What Types Of Damages Can I Claim?
In personal injury claims, victims can claim two types of damages:
- Economic damages
- Non-economic damages
Economic damages cover the financial expenses you incur as a result of the accident, while non-economic damages cover the non-financial losses, such as pain and suffering, of the victim. Other than these two types, you can claim punitive damages.
Punitive damages are issued to punish the defendant and not to compensate the victim.
Should I Accept The Insurance Companies’ First Offer?
Accepting the first offer from the insurance company is a grave mistake. First, even at later stages, what they will offer will be way less than your actual losses. At any stage, the insurance companies’ goal is to lowball you.
Secondly, when they make the first offer, you won’t even know the full extent of your losses. So avoid accepting the initial offer. In fact, never accept insurance company offers without consulting your lawyer.
What Is The Statute Of Limitations?
The statute of limitations is a rule that governs the time period in which a victim can file a case. Once the statute of limitations is over, the victim loses their ability to take legal action. They cannot file a claim.
This is why lawyers advise victims to file a case as soon as possible. For most cases, the statute of limitations is around 3 years. But it can vary for each state. Speak with a local lawyer to know the statute of limitations for your case in your state.
Will My Case Go To Trial?
It depends. You should know that only a very few number of cases go to court. To be exact, only 4% of all personal injury cases go to court.
A case goes to court when an agreement cannot be reached through mediation. Before going to court, speak with your lawyer and ask if they are certain that they can win your case.
The court process is very long, tiring, and complex. So you need to be certain about winning.
What Are The Different Types Of Negligence Rules?
Every state has its own rules when it comes to dealing with negligence. The following are the different types of negligence:
- Gross negligence
- Comparative negligence
- Contributory negligence
- Vicarious negligence
Other than the above four negligence rules, some states follow the no-fault rule. In no-fault states, the victim will be compensated regardless of who was at fault for their injury.
How Do I Calculate My Losses?
You will be claiming two types of damages: economic and non-economic. Calculating economic losses is pretty easy. You have to simply add all the expenses you have incurred as a result of the accident. You must include things like lost wages and future losses too.
Calculating non-economic losses is pretty hard because it is not computable. To calculate non-economic losses, you can use one of the following two methods:
- Multiplier method
- Per-diem method
It is better to leave the damage calculation to your lawyer.
Hope this blog post gave you the answers you were looking for. If you have more doubts, contact a lawyer. Most personal injury lawyers offer one free consultation, so use it to learn about personal injury law.