Why A Personal Injury Lawsuit Is Often Needed After An Accident
An accident can throw your life into chaos. The physical injuries, mental stress, and financial hardship it can lead to are all very difficult for anyone to overcome. Most people assume that when youâ€™re involved in an accident, you file a claim with the insurance company and your finances are taken care of. But sadly, this isnâ€™t the case â€“ and often, a personal injury lawsuit is the only option for those who want to make a full recovery.
The Problem With An Insurance Claim
There are a couple of problems that can arise when filing a personal injury insurance claim after an accident.
â€˘ Your claim may be outright denied, for some obscure reason
â€˘ You may be offered a settlement amount that barely covers your expenses
In either situation, the bottom line is that insurance companies are only looking out for themselves and their clients. They want to avoid paying out a dollar more than they have to, and even if you have a legitimate injury they will often do all that they can to avoid giving you anything.
This means that those who are hurt will often end up struggling financially, even if they manage to get a settlement. Instead of being able to move on after an accident, they are left struggling for years due to the impact that their accident had on their lives. In many cases, the only way to get your life back on track is to file a personal injury lawsuit with the help of an accident lawyer.
Do You Have The Right To File A Lawsuit?
In order to file a personal injury lawsuit, youâ€™ll have to be able to show that the person responsible for your injuries acted in a negligent or reckless manner, and that those actions are what caused the accident.
This can mean a variety of different things ranging from failing to correct a safety issue on a store to driving while drunk, but essentially if any reasonable person would recognize the actions to be negligent or reckless, youâ€™ll have a claim.
Itâ€™s important to remember that this is even if youâ€™re trying to file an insurance claim â€“ the insurance claim and your lawsuit may be related to one another or separate. You may receive an insurance settlement from a policy but still file a claim â€“ but you must talk to an attorney before you accept any settlement, as this isnâ€™tâ€™ always the case.
The key here is to speak to your personal injury lawyer and tell them about your situation. They can help you determine what your rights are.
A Fair Settlement
One of the biggest issues after an accident is getting what youâ€™re really owed. A fair settlement offer should include a wide range of factors including:
â€˘ Compensation for lost wages from missed hours at work
â€˘ Compensation for medical bills
â€˘ Restitution for future estimated potential lost wages
â€˘ Restitution for future estimated medical costs
â€˘ Compensation for loss of earning potential
â€˘ And more
Basically, your settlement should be able to return you financially to a point you would have been in had the accident never occurred. There are many variables, which is why your personal injury lawyer will usually work with medical and financial experts to reach a sum that is truly fair, then negotiate with the other side based on that.
Simply put, your life will be changed by an accident. But with a personal injury lawyer on your side and a personal injury lawsuit to help you get back on your feet financially, it is possible to move on and reclaim your life again.