How Hard Is Pressing An Injury Claim?

18 November 2021 by Jonathan Phillips

You're planning to hire a personal injury lawyer. However, you're also worried about how hard it might be for you to press an injury claim against a responsible party. Is it hard to get compensation? A personal injury attorney will try to address this question by looking at these four issues.

Clarity Regarding Who's the Defendant

One thing that can make an injury case tough is not being sure who the defendant ought to be. Suppose a business rents space from a commercial real estate company. A person's injuries occur at a spot on the property where there's ambiguity about whether the business tenant or the commercial landlord is liable. Perhaps the incident happened at the threshold of the place of business. Maybe the two potential defendants never clarified liability issues in the lease agreement.

An injury attorney has to sort out who is possibly liable because there can only be one defendant. This takes time, and the client will be up against what is a two-year statutory filing deadline in most states. You need to name the right defendant because you'll lose time and filing fees if you get it wrong.

Insurance

Contrary to the numerous claims in law firms' commercials about insurers not wanting to pay, the presence of an insurance policy is usually a good thing. An insurance company will appoint a claims adjuster to review your case when you file. If the case seems legitimate, the adjuster will recommend a settlement offer amount. You can then negotiate if you're not happy with the offer.

This isn't to say it's impossible to file a claim with an uninsured or self-insured defendant. However, a personal injury lawyer would much prefer to speak with a professional from an insurance company for the sake of simplicity.

Legal Logic

In personal injury law, the logic behind a compensation demand can be simple or complex. For example, you'd probably have a simple case if you slipped and a store clerk had washed a floor without putting out a warning sign. Conversely, a claim against a bar that didn't have sufficient security prior to an assault could be more challenging.

Time to Heal

A personal injury attorney never wants to bring a claim before they know how much a client is likely to heal. Personal injury law gives claimants one shot at taking settlements or getting judgments. If you end up finding more problems two years later, you can't file or sue again. Consequently, you may want to wait and document the full extent of your injuries, recovery, and projected long-term care needs.

For more information, contact a personal injury lawyer near you.

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