
It is possible to file a personal injury claim if you were hurt in an accident that was the result of someone else’s negligence. Before filing a claim, however, you should educate yourself on the claims procedure and the circumstances under which a personal injury claim could result in a lawsuit. Consult with a seasoned injury attorney at Fisher & Talwar who can assist you through the claims process, help you get ready for court if required, and ensure that you receive the full compensation to which you are entitled.
When Is the Right Time to Go to Court?
When someone is hurt due to the carelessness of another, their first instinct may be to file a lawsuit. However, the truth is that the vast majority of personal injury claims are resolved without the filing of a lawsuit or the need for litigation. This is because legal action is rarely taken unless all other avenues for resolving the dispute have been exhausted.
First, a claim for damages must be submitted with the at-fault party’s liability insurer. For instance, vehicle accident victims can file a claim for compensation against the policy held by the negligent driver’s insurance company. In a similar vein, if you suffer injuries as a result of a slip and fall, you can seek compensation from the owner’s property insurance provider. After all, inquiries have been made, and a demand letter has been delivered, the parties will sit down and discuss a fair and equitable resolution. If the claimant and defendant cannot come to an agreement, the claimant may choose to file a lawsuit and take the case to trial.
Money You Can Get If You Sue For An Injury
Damages, or monetary compensation, are sought in personal injury claims and lawsuits as a means of making up for the victim’s losses. California law allows victims of personal injury to seek compensation for a wide range of losses, including:
Expenses incurred Compensation for the victim’s actual monetary losses due to the accident and injuries, such as those incurred for medical care, repairs to damaged property, or time away from work, are known as economic damages. There are both present and prospective economic damages.
Punitive damages cannot be calculated in monetary terms. The value of a person’s pain, suffering, emotional distress, and mental agony are examples of noneconomic damages, but they are more challenging to quantify since they are not directly tied to monetary losses.