When you or a loved one have been injured as a direct result of someone else’s actions, you can file a personal injury lawsuit against the wrongdoer. These lawsuits apply to medical malpractice, car accidents, dog bites, wrongful death, and more.
Personal Injury Lawsuits can help you recoup medical costs and lost income; in worst-case scenarios, they can also help pay for funeral costs. A settlement can’t replace a lost loved one or heal your injuries, but it can help you avoid bankruptcy and ensure you or any survivors are taken care of.
Initiating a Claim
The legal system is complex— and a bit of a mess. Personal injury law is no different, especially when you work in the differences between countries and, in the US, states. Preparing a personal injury claim is only part of the process.
The highest priority when a personal injury occurs is to seek medical treatment for the victims. Next, you need to contact your insurance company about the event— if you wait too long, they may try and deny your claim. However, reporting a claim is not the same as answering questions or giving a statement. You can politely decline the questions and give polite, basic facts. This stage is your first chance to hire a personal injury lawyer in Chicago to help navigate the legal process. At any stage after the accident, you can choose to retain a lawyer.
After speaking with the insurer, it’s time to gather your documentation. Your insurance company will launch an investigation, but you don’t want to rely purely on their findings. Your own documentation from the incident, a copy of the police report (if one was needed), and anything your potential lawyer finds can help strengthen the case.
Now comes the demand letter.
Opening Negotiations
Using all of the evidence at your disposal, you or your lawyer need to calculate a preferred settlement amount. This is something you keep to yourselves as you set a plan in motion. You should ensure that it covers your damages, including medical expenses, lost income, and property damage. Once you have a number in mind, it’s time to pen a Personal Injury Demand Letter.
This letter serves several purposes, but the main one is to open negotiations. Chicago residents need to realize the first offer is going to be a lowball— don’t accept. Instead, ask the adjuster to justify the numbers. Your lawyer can help you draft a reply or prepare for a negotiation meeting; if you attempt this process alone, bring up emotional points that support your claim. A smashed car, an aftermath injury photo, trauma responses. These are items that can’t be given a dollar amount, but they can be powerful in negotiations.
The settlement process is rarely a single exchange. Retaining a lawyer can help ensure that you receive proper compensation and that your rights are respected throughout the process. They also take the burden off your shoulders so that you can focus on recovery.
Settlement vs Court
Not all cases come to an understanding on their own. If you have yet to retain a lawyer, you will definitely want one to help you navigate going to court. An insurance adjuster’s response may indicate that you won’t receive proper compensation without filing a lawsuit.
Three possibilities that can lead to your case heading to court are as follows:
- Fault isn’t obvious
- If you can’t prove to the adjuster’s satisfaction that the defendant is guilty, they won’t agree to pay. If there is a list of potential folks at fault, a lawyer may need to investigate more thoroughly to determine who is liable. This can be common in medical malpractice.
- Compensation is beyond thousands
- When damages are in the tens of thousands, an adjuster is unlikely to take a claimant seriously and will try to haggle or get out of paying altogether.
- Future damages are considered
- Lost future income or continuing medical treatment means you need to estimate more damages. It also means an adjuster will try to pay up to that point and no further.
- The insurer tries to deny your claim
- If your recovery or loss prevents you from filing a claim in a timely manner, insurance is less likely to negotiate.
If you are worried the adjuster is going to try and drag out the settlement process, then hire a lawyer immediately — they may be able to save you the headache of a lawsuit by getting a settlement. Otherwise, the insurer may try to force you into a court case in the hopes that mounting costs will cause you to accept a low settlement.
Get the Settlement in Writing
When you and the adjuster come to an agreement, write a letter to get the agreement and confirmation in writing. Vocal agreements rarely hold up in a court of law, and you want to be sure you receive the settlement instead of empty promises.
At any stage in the above process, a lawyer can help— even if they’re simply helping you craft the demand letter, response letters, or a final settlement contract. A personal injury lawyer in Chicago won’t charge you any attorney fees until you win your case or receive your settlement, so you don’t need to worry about the cost on top of recovery.
Know Your Rights
Understanding the personal injury claims process can be challenging, but it can also help you craft a strong case. If you have any doubts regarding your rights or calculating compensation, there is no shame in asking a lawyer for help. You and your loved ones have higher priorities, such as recovery and rebuilding.
Personal injury can lead to serious, life-altering injuries, disabilities, and even death. Those responsible need to be held accountable to the highest degree. You and your loved ones deserve to recover in peace without having to worry about medical expenses— or who else could become a victim. A personal injury lawyer can help ensure that justice is served.
