You see personal injury ads on TV from all types of law firms, but how much do you really know about how they work? If you're new to what a personal injury case is, you may have some confusion over how a claim works and if a lawsuit must be filed. This is a common by those injured in car accidents or other situations.
It's one reason you need to work closely with a personal injury lawyer to know the facts.
When working with your lawyer, you'll also need to learn about the different types of personal injury suits and what the statute of limitations are for your type of claim.
So what is a personal injury case worth? Take a look at the facts so you can educate yourself.
What is a Personal Injury Claim?
If you're not familiar with a claim, here's an overview. A claim is when you're negotiating directly with the at-fault person's insurance company. You're working to negotiate a settlement so you won't have to file a lawsuit.
Often, filing and negotiating a claim is in your best interest since filing lawsuits can add to your legal costs. Nevertheless, it's still going to involve some various steps to assure you receive the compensation you deserve.
Together, you and your attorney work with the claims adjuster who acts on behalf of the insurance organization. They need to have proof from your legal team showing whether the person who caused your injury is truly to blame.
As a result, it's going to mean a thorough investigation has to take place. They'll request your medical records, the police report, and photos of any damage. They will also interview you to determine your side of the story.
Additionally, you'll need to prove your out-of-pocket medical expenses are real. You must prove your injuries caused great physical suffering, and have impacted your ability to work.
Examining Your Personal Injury Lawsuit
Still, there are times when a claim does not resolve the matter. When you are unable to resolve the claim with the insurance company, it's time to file a personal injury lawsuit.
A statute of limitations applies in these cases. Here in Oklahoma, the statute of limitations for a personal injury case is two years from the time the injury occurred. It's important to keep a timeline of your claim. You can't wait around for the insurance company since you have an "expiration date" if your claims case fails.
Still, there can be exceptions to the statute. You should consult with your lawyer for nuances and exceptions.
The Worth of Your Personal Injury Case
With different types of personal injury cases, you can get a better idea of what kind of compensatory damages you may win. It's worth noting some damages are easier to define, like property damage.
For pain and suffering, it's going to require extensive evidence and may not always come out to a figure you want.
Nevertheless, compensation for medical treatment is almost always a major part of personal injury claims and suits. It also relates to loss of income from being unable to work for long period of time.
You may receive fair market value compensation on property damage, especially in car accident cases.
The ones that require more detailed evidence and examination include:
- Emotional distress from the accident.
- Loss of life enjoyment.
- Loss of consortium, or how an injury affects the relationship with a spouse sexually or mentally.
Even punitive damages as a result of the behavior by the at-fault person could win you more money.
Your lawyer will help you through, including dealing with negligence accusations that could pin blame on both you and the at-fault person.
Contact us at Michael Brooks-Jimenez PC so we can help you with your personal injury case to expertly take your through the above steps.