Factors That Affect Personal Injury Claim
Accidents are inevitable. They affect us both physically and financially. But what follows after all the suffering? Most victims claim compensation, especially if the accident was partially or wholly caused by someone else. However, one may have to go through complicated processes before they get compensated. It is for this reason that many victims seek the assistance of a personal injury attorney. Some of the common questions encountered by these lawyers are, “how much might the claim cost or bring forth?” “How long will it take to be solved?” and so on. The lawyers may answer differently depending on different factors affecting the claim. Here are some of these factors. (Image Credits: Tingey Injury Law Firm /Unsplash)
Medical Evaluations and Cost
As a victim, you may not be in a position to tell which body part was injured. Your doctor may have to carry several evaluations to establish your affected body parts. Some of these tests may need time to produce precise results. For instance, evaluating whether one has temporary or permanent mental trauma may take a long time. Therefore, if you or your close relative was injured and not liable, you will have to wait to get the right medical results and treatment cost. By doing so, you will also be able to make the correct assessment of how the injury has affected their lives. The above information will help determine the compensation amount.
The Severity of the Accident
The state your in and the degree of severity have significant impacts on the monetary compensation you may get from the claim. They will also determine the amount of time your claim may take before settlement. For instance, if you live in Lancaster, you can get considerable compensation if you sustain injuries like back injury or permanent loss of body part. However, as mentioned by a Lancaster personal injury lawyer, the process may be slow since you have to gather enough evidence before you start the claim. Some vehicles are uninsured, and you may need a court process to get your compensation. Therefore, you may need a lawyer to help you gather evidence and guide you through the legal process.
The Insurance Company
Most insurance companies don’t just take responsibility. They have well-laid policies which the insured must meet before they take the responsibility of settling their claim. As such, they will take the time to do their assessment. The process might take longer, especially if they had several complaints to attend. After the evaluation, they may hold their insured party responsible if it is inevitable that they willfully caused the accident. The insured may thus be forced to provide for the claim. If they do not have sufficient resources, the insured party may subsequently decide to fight the case. Therefore, you may end up with little or no compensation if you don’t prepare sufficiently for the case.
The Expertise and Efficiency of the Attorney
If you have a valid claim and decide to hire a personal injury lawyer, they will have to investigate the accident, gather any relevant information, and file the case in the court of law. They should also present the claim to the defendant’s insurance company and notify them of your representation. Though involving, the above tasks will take an experienced attorney less time to execute. However, your case may have to wait if they have many cases to handle. Personal lawyers who love efficiency may have a group of professionals in their line, to which they can delegate their roles. It would be best if you always went for the most experienced and efficient attorney to increase your chances of winning the case.
The Cost of Litigation
After the accident, the process of taking legal action may be expensive. One may have to collect information, pay the court fees, hire witnesses, and even a personal lawyer. These expenses may seem costly to a rational individual. As a result, either the plaintiff or the defendant may convince the other party to settle quickly to avoid the expensive process. Thus, as the claimant, you may consider taking a monetary offer as compensation from the defendant after weighing the benefits and the costs of a court case. However, this is not fair because the defendant may take your advantage and compensate you with peanuts. A court case is usually the best way to go.
The only way to recover from the effects of an accident is to claim for compensation. Many factors can affect your injury claim. These may include the cost of litigation, the insurance company’s decision, the severity of the accident, and the medical expense. Since the insurance companies/ defendant can be crafty, you need the assistance of a personal injury attorney to get the right compensation.