World

What Happens in Your Personal Injury Claim After a Compensation Settlement?

Published

2 years ago

December 16, 2021

Filing a personal injury claim with a trusted attorney is the first step to receiving compensation after an accident. As the legal case is being pursued, moving forward from there can be confusing if you don’t know what to do. Having a legal professional by your side will also increase your chances of winning the case. Read on to understand the process of a personal injury claim and what to expect after the settlement.

What Is a Personal Injury Claim?

A personal injury claim is a legal case filed by an individual, known as the plaintiff, who’s been injured as the result of someone else’s negligence, known as the defendant. This type of lawsuit is frequently filed by car accident victims when the accident has left them with injuries that negatively affect their quality of life physically and financially.

If this is your situation, then it’s advised that you contact an attorney to file your personal injury claim to seek compensation from the at-fault party. They’ll guide you on the entire legal procedure and how to get started on your case. Once your claim has been filed and your lawyer has met with the defendant, both parties can agree on the next steps.

Role of Insurers in a Settlement

How you were injured and whose fault it is plays a major role in what your settlement will be. Most often, the defendant is likely to be covered by an insurance policy. This coverage is most often used for injuries sustained by medical negligence or a workplace known as an occupational injury. For this reason, the personal injury reimbursement will be paid for by the defendant or the companies’ insurance provider.

Insurers of the person who injured you will also determine the compensation amount. They usually do this by adding up the cost of damages and multiplying it between one and five times the amount. The payout amount is then offered to you and your attorney to accept or negotiate. This is the crucial stage for insurance providers because they’re more willing to provide compensation and settle before the case can be taken to court.

Post-Settlement

What happens after depends on where in the legal process the claim ends. If the claim has been settled, then you’ll be asked to sign a few official documents that mark the end of the claim’s proceedings.

The documents needed to sign are frequently a settlement agreement. This is a type of contract that states the amount of money paid to you and the payment plan of the agreement. It also acknowledges that you accept the terms of your settlement and that the legal proceedings are over.

Take note that once you’ve signed this contract, it means everything is finalized and your claim is dismissed. After this, no more changes can be made, not even by your lawyer, so be sure to read through carefully and make sure all the information is correct.

The other type of document that could be presented to you is a liability waiver or liability release form. This is used especially by businesses after the payout of an occupational injury.

The liability waiver is essentially an acknowledgment releasing the defendant from the claims that you had brought against them. This is to ensure they can’t get sued for the same injury or for any future injuries that could happen by their fault. Signing this form is optional on your part and should only be signed after consulting your lawyer for advice. Your lawyer will then give all the relevant parties a copy of the contracts.

Endnote

What happens after your personal injury claim once you’ve been compensated is a matter of ending the legal process with official documents. These documents act as proof that the claim has been settled and that all parties agree to the terms of the contract.

On some occasions, particularly within a workplace injury claim, you may be approached to sign a waiver recognizing that you’re freeing the company from your claims and therefore can’t bring the same claims to them in the future. This type of contract is still fully your choice to sign or reject.

Throughout each step of the claim, it’s a wise decision to keep consulting your lawyer for advice on what to do, including after the settlement, to confirm and understand that the agreements are fair and work in your favor. If you’re not sure of anything, always seek an expert opinion. Consider the ideas mentioned here as you plan and prepare for your claim.

World

A Step-by-Step Guide to Hiring the Right Personal Injury Lawyer

Published

1 week ago

April 19, 2024

Michelle Langton

Are you dealing with injuries, loss of income, and hefty medical bills because of an accident that was not your fault? If yes, you need the services of an excellent personal injury lawyer. But how do you determine if a lawyer is a perfect match for your personal injury case when you have so many options? This step-by-step guide aims to teach you the critical steps to hiring the best personal injury lawyer in your state.

1. Know Why You Need a Personal Injury Attorney

Typically, you must hire the right personal injury lawyer if you are pursuing a lawsuit for personal injury. As defined on Forbes, a personal injury lawsuit is a civil action that an injured person takes against a person or company responsible for an accident that resulted in injuries.

For instance, you get into a car crash or slip and fall incident in the workplace because of someone else’s fault. You can sue the party responsible for injuries, lost wages, medical bills, and mental anguish.

But there are instances you may not need a personal injury attorney despite being in an accident. For example, a minor fender bender where no one sustained injuries or had their property damaged is easy to resolve without involving lawyers. So, after an accident, evaluate the damages incurred. If they are severe, search for a personal injury attorney.

2. Do Extensive Research

Where do I begin my search? Referrals are valuable because you can ask specific questions regarding the lawyer’s communication style, availability, litigation experience, and fee structure. So, ask family and friends to recommend someone they have worked with. Search for attorneys in your area online if you need referrals. You can type a simple search query like ‘personal injury attorney near me’ on Google. Alternatively, look for a lawyer through online directories.

3. Schedule Free Consultations

You want to know what a personal injury lawyer will do for you. Therefore, schedule a free consultation meeting and ask questions like:

What will you prioritize in my case?

The right attorney will focus on getting justice and fair compensation to ensure your stress-free recovery. Communication should also be a top priority. The lawyer should communicate with you using simple terms to help you understand your legal rights. More importantly, they should update you about the case progress on time.

Do you have experience handling cases like mine?

As lawyers at Cohen, Feeley, Altemose & Rambo law firm mention, experienced personal injury attorneys will guide you through the legal process. Even more interesting, they will handle negotiations on your behalf to safeguard your rights. So, make sure your lawyer has experience in personal injury law.

It would be better if they had specialized experience handling cases like yours. For example, if you are pursuing a truck accident lawsuit, you will want a personal injury lawyer with expertise in dealing with trucking accident claims.

What is the value of my personal injury claim?

After evaluating your case, a skilled attorney should tell you the worth of your personal injury claim. What you should be cautious of are unrealistic estimates and guarantees. There are no assurances in personal injury claims. If a lawyer promises a higher settlement that sounds too good to be true, do not fall for it because they are lying.

How much are your legal fees?

Personal injury lawyers work on a contingency fee arrangement. Based on Cornell Law School, a contingent fee structure allows lawyers to receive a certain percentage of the total settlement value a client wins. As a result, you do not pay your legal representative any upfront fee.

4. Check Testimonials

Aside from experience, work with a trustworthy and reputable attorney. You can quickly determine a lawyer has an outstanding reputation by reading testimonials from past clients.

Find out if the clients feel happy about the outcomes of their case. How about the style of communication? Does the lawyer explain legal terms in simple language?

A reputable lawyer will receive positive feedback from clients and respect from peers. Also, check with your local bar association to ensure your preferred lawyer doesn’t have disciplinary actions against them.

5. Select Your Lawyer

At this point, comfort matters a lot. Do not choose a lawyer you feel uncomfortable discussing your legal issues with. Also, ensure they have the experience and resources to win your personal injury claim. Equally important, they should have an excellent reputation.

Conclusion

When you are a victim of an accident that someone else caused out of negligence, you need to seek justice and compensation for your injuries. There is only one way to achieve these goals. You must work with the best lawyer to pursue a personal injury claim. True, choosing the right one can be challenging. But you can make an informed decision if you follow this step-by-step guide to hiring the right personal injury lawyer.