FAQs on Settlement of a Personal Injury Claim
Most cases involving car and vehicle accidents, slip and fall accidents, animal attacks, and medical malpractice – among others – fall under the broad spectrum of personal injury law.
Since most personal injury cases are civil rather than criminal, defendants in these cases are penalized by compensating the victims (plaintiffs) for their losses. Personal injury victims can recover both economic and non-economic damages for their injury and losses.
The process of recovery in personal injury cases begins with the filing of claims for damages by the victim. Most personal injury cases are based on negligence.
Here are common questions and answers regarding issues involved in settling your personal injury claims:
Q: How soon can a victim file a personal lawsuit?
A: The filing of personal injury claim is governed by the statute of limitation. In California, for instance, victims must file a claim within two years; otherwise they will lose the legal right to pursue damages to their injuries. Hence, it is important to talk to a lawyer once you get involved in an accident.
Generally, if the injured victim has two years from the date of the injury to file a claim, he/she has the choice to either settle the case or file a lawsuit to protect the statute of limitations. However, if the defendant is a government entity or agency, you must file a claim for damages within six months of the accident date.
Q: How much is one’s personal injury case worth?
A: Several factors are considered in determining the value of a case and the amount of damages that one can receive. The value of a case is based on the severity of the victim’s injuries, the liability of the offending party, and his ability to pay the damages or losses incurred.
Q: Can I get medical treatment for my injuries if I have no health insurance?
A: Yes. Some health care providers are willing to provide services on a lien, meaning they can wait until the conclusion of the case to get paid. These health care providers are therefore entitled to be paid back from the proceeds of the case.
Q: In an accident where liability is clear, will the insurance company pay for car repair while I get my medical treatment?
A: Yes. You will also be entitled to a car rental until your car is repaired or you will be paid for the “loss of use” which is equivalent to the rental value of your car for the period you are deprived of its use.
Q: Does having a lawyer mean I will get less for myself because I will have to pay him part of my settlement?
A: No. On the contrary, a personal injury lawyer can maximize the value of your case and obtain for you the maximum claim that you deserve for your injuries. More often than not, insurance adjusters offer only a token amount to injured victims who are not represented by a lawyer, and without a lawyer, a victim is often shortchanged.
Q: How long does it take to settle a claim? Does having a lawyer prolong the process?
A: There is no exact period of time frame how long it will take to settle a case. But unless you are willing to settle for something less than the true worth of your case, you can do it quickly with the insurance company. In this case, you will surely be in a disadvantage position and the insurance company can overwhelm you. However, having someone who has the experience and knowledge of the law, can help you get a fair settlement for your case and the maximum amount for your losses.
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