Every year in the US, about three million people suffer some kind of personal injury. They’re injured on the road, in their homes and, often, at work too. Getting injured, therefore, is a significant problem nationally. But it’s also something that profoundly affects the lives of all those involved.
It might seem that personal injury law is complicated. But the actual process of getting injured to making a claim is a lot easier than you might think. Not everyone who makes a claim is successful, of course. But that doesn’t mean that the process itself isn’t straightforward. So what happens first?
Making Your Claim
The first thing you need to do is file a complaint through a solicitor. Your attorney will want to know as many details about your personal injury claim as possible. Of course, there are hundreds of ways that you could have been injured. But most personal injury lawyers specialize in the most common areas. These include medical negligence which is a big issue in the US right. But it also includes injuries from vehicle accidents and accidents at work.
Once you’ve described what happened, your solicitor will then decide whether you can make a claim. Often, they’ll have to carry out follow-up investigations to ensure that claim holds water. But if it does, your solicitor will send out a claims letter to the person you’re suing. Essentially this is a letter that spells out to the insurer or the other party what is being claimed for. It’s a written, legal document that says what happened, how you were injured and why you are suing.
It’s really important that you get the right advice, like that from DJ Hernandez, to help you to avoid any legal pitfalls. Legal pitfalls jeopardize your chances of getting compensation and are surprisingly difficult to avoid. In court, a defendant can use evidence against you from tiny little details in your letter. Perhaps you weren’t as injured as you claimed because you let slip in your letter that you could no longer jog and had to walk instead. Any evidence like this that suggests you aren’t as injured as you say you are can and will be used against you.
Once the defendant has received the letter, they have a limited period of time to reply to you. This period is crucial, and it can drag on for up to three months. Most of the time you’ll receive a reply more quickly than this. But it can take defendants a while to figure out how they’re going to respond to the claim.
Making An Offer
The first option defendants have is to accept liability for your injury. This is perhaps the easiest option for all involved. Here your solicitor will simply settle the matter with the other party out of court. It’s best to allow a solicitor to do this so that your interests are protected. Plus, they’ll have the experience to know whether you’re getting the right amount of compensation.
It’s a good idea at this stage to have a chat with your solicitor about how much compensation you’d be willing to accept. If, say, you wouldn’t be willing to go under $5,000, then this needs to be discussed up front. It may be the case that the defendant is not willing to go that high, and so a settlement still may not suffice.
The amount that your solicitor offers is known, in the legal jargon as the “offer to settle” or a Part 36 offer.” This so-called Part 36 offer is the legal name for the minimum amount you’d be willing to accept to settle. It’s not something that is set in stone of course. It may need to change, especially if the defendant offers their own Part 36 letter. But it is a good bargaining chip, and clearly sets out the amount that precedent suggests you’re owed. Most cases claims are usually settled outside of court. And so make sure that you get your solicitor to work hard on your behalf to get the money you deserve.
Going To Court
There are two big reasons why injury cases end up in court. The first is that the settlement stage fails. For whatever reason, neither party can agree on what they consider to be a fair settle. One party’s Part 36 does not match up with the other’s, and neither is prepared to compromise. In this situation, the only option is to get the courts to decide. It’s a messy process. But at least the outcome at the end is legally sanctioned. Going through the courts in this way might not be the most efficient way to settle. But your solicitor will be able to tell you whether the process is worth it, on balance.
The other option for the person you are suing is to deny any liability for your injury. In these situations, you’ll actually have to prove to the court that you were injured as a result of negligence. Cases like these are a lot rarer than settlements. But they can be brought about when the person you’re suing is worried that you action will open up the floodgates. In other words, they don’t want to get sued in other, copycat cases.
Here the best solution is to leave legal representation to a lawyer and stay under the radar. If the insurer of the person you are suing asks to chat with you, refuse. Often they’ll ask to go over the case, but more often than not, this is a way to extract evidence for the court case.
You’ll also have to collect as much evidence as you can to make your case stand up in court. Bringing along proof that you’ve lost earnings is one important piece of evidence you’ll need. But you’ll also want to bring along proof that you have endured a significant amount of personal distress as a result of your injury. Courts won’t automatically award compensation for things like emotional or physical distress. Like everything else, they need proof.