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| FAQ: Suing After Injury |
When you've been injured, the last thing you want to do is wrangle with insurance adjusters over your claim. This is definitely an area where a little knowledge goes a long way. Here are some of the most frequently asked questions on personal injury litigation.
Q: How do I estimate how much my case is worth?
A: There are many factors to consider in evaluating a personal injury claim, so beware of any "formula" an adjuster may try to sell you. The value of your claim will depend on the nature of your injuries, how your doctors expect you to fare in the future, your medical bills now and anticipated in the future, the pain you experienced, how your injuries have affected your ability to work and carry on with your lifestyle, how old you are, whether you had preexisting injuries that already impaired your ability to work or go about your everyday life and what a jury in your area would be inclined to give you. Your doctors' and lawyers' interest in preserving their reputations may also influence the value of your claim. Pricing all these factors is complex, and one reason why you should consult with an attorney earlier rather than later in the negotiation process.
Q: When should I settle my case?
A: Not until you're sure of the nature and extent of your injuries and whether you'll need continuing medical attention. You should know whether you'll be able to work in the future and how the injury will affect your ability to do normal household tasks, sports and hobbies before you talk money with anyone.
Q: Why am I responsible for paying for hiring experts, depositions and other costs of getting my case to trial?
A: Most attorney-client contracts require the client to pay for costs, regardless of the outcome of the case. In some states, it's even considered unethical for attorneys to lend money to clients to help pay for litigation costs because of the chance that it may influence their ability to assess the case objectively and offer advice that's best for the client. For instance, if the lawyer needs that money back quickly, he or she may urge a client to settle a case rather than to take it to trial, which will take more time but ultimately may bring a better result for the client. Also, remember that these costs are not to compensate the attorney, who gets paid for his or her time only if you recover money.
Q: How does a prior injury affect the value of my claim?
A: Generally, a person who is negligent or careless is responsible only for the harm he or she caused. That means that you have to prove there was negligence and that the negligence caused your injury. So if you already had an injury, the negligence could not have caused it. But if you can prove that the negligence made the injury worse, you can collect for the degree to which the problem has been aggravated.
Q: Can I get a partial settlement from the insurance company for my injury?
A: No. The insurance company will only settle if they can get rid of the entire claim. Desperate victims sometime settle for much less than they are entitled, simply because they do not have the money to pay for medical care out of their own pockets. The insurance company is not out to see that you are fairly paid, which is why you need a strong advocate such as a personal injury lawyer. |
