When an individual suffers from an injury as the result of negligence or carelessness of another person, the legal right stands for the individual to take action. You can be compensated for the injury and losses sustained due to the injury. This is called a personal injury case or litigation and can be very intimidating to anyone who has never been subjected to the court system. Thankfully, there are attorneys who can help you with the claims process. Below is a simple guide on how you can win a personal injury suite and conduct the negotiation process.
Before a settlement can begin, you must have medical attention to determine the injury. A physician will be able to determine the type of injury as well as the extent of the affliction. You will then be able to begin treatment and understand the ramifications of the injury. Without the medical information, you will not be able to determine the amount of compensation needed to settle the case.
The settlement process can begin with you and the attorney looking over your condition based on the severity and the duration of the injury.
Calculating the Damages
You will need to begin your settlement by calculating the damages. These damages are the amount of money you seek based on what was lost. This can includes, wages, earning capacity, medical expense, property damage or even funeral and burial expense. The attorney will be able to help you determine which damages to seek. By working with experienced personal injury attorneys you will be able to determine the amount of damages that can be sought to successfully win your case.
General Damage Calculation
Among the damages, you will need to calculate the general assessment of loss. This can include non-economic losses such as pain and suffering, mental anguish, emotional distress, humiliation and embarrassment. The severity of the injury will determine the amount of these damages.
Adjusting the Value
You must also be ready to adjust the value of your claim. In a liability case, you will need to clearly establish who is liable so the settlement value can be determined. If you are somewhat at fault the value will be diminished. If multiple defendants are involved you may find an issue arises as to how much will be paid to each member of the suit. The settlement value can be affected by several factors as well including your age, medical history, occupation, etc. You must also consider where the case will be tried. Conservative as well as liberal courses need to be considered as this will also help determine the result.
Make Your Offer
Once you have your information in order and have worked with your attorney, you will be ready to submit your settlement. You will need to create a demand letter for the settlement amount and send it to the defendant’s insurance company. From here, you may see a great deal of negotiation so you must be prepared for this. This can include the value of the claim and can continue until the agreement is reached between the involved parties. If you do not come to an agreement you may have to go to court with your case to see a judge or jury determine if you deserve damages and if so, how much.
A personal injury suit is a difficult and trying time in a person’s life and it is important to give yourself time to consider you options. Qualified personal injury attorneys in California and around the United States are ready to serve you in the best capacity possible. Speak with a qualified attorney to determine if you have a case and what you can do to succeed with your claim.