There are many ways that an injury can happen, and most of them start with some kind of negligence. Legal negligence occurs when someone fails to take reasonable care that an ordinarily careful person would take in the situation to protect others from a risk of harm.
So whether it is a crash between two cars on the freeway or you tripping over a dangerous object on the walkway to your neighbor’s house, the injury wouldn’t have happened if someone had been more careful. A legal claim involves figuring out what happened and why and assigning legal blame, called liability, to the person or people who caused the injury.
The Aftermath
After you’ve been injured, the most important thing is to get the proper care and treatment. Visit professionals who can assess the injury and explain to you what happened and how to get better. If someone else’s negligence has injured you, you’ll also want to be sure that you follow the proper steps to figure out what happened and who is responsible for the costs of the injury. And if you were hurt in a car crash, there are usually a lot of questions about getting your car repaired and back into service, if possible. All in all, there’s a lot to think about after you’ve been hurt in an accident.
Claims Process
An insurance claim is usually filed after someone’s negligence causes an injury. At the start, the claim is just with the insurance company to inform them that there have been injuries and that there will be financial losses in the case. Usually, there’s more than one company since multiple people are involved, and each may have a different insurance company, whether it is two or three different auto insurance companies working together to decide who contributed to the crash and how, or two different homeowners’ insurance companies trying to figure out which property owner was responsible for a tree that fell over and caused injuries. The insurance companies want to find out what happened, and they typically want to pay as little as possible for their involvement in a claim.
In most cases, it’s in your best interests to avoid talking to insurance company representatives yourself about the details of the case. Every insurance company has a slightly different interest in the outcome of the claim, and it’s possible that your words could be used against you.
Getting Counsel
You should retain a lawyer of your choice to represent you and protect your interests. You can also communicate about the case through your lawyer, rather than talking individually and directly with different insurance company agents, which could lead to confusion or mixed-up stories about what really happened. Your lawyer can help you understand important issues about the timeline to file a case in court and what you will need to do to help move your case forward.
Going To Court
If you are working with a skilled attorney, you can be confident that the proper papers are being filed, your legal damages (the amount of money you are owed for your injuries) are being accounted for, and the legal claim is being taken care of. Every legal claim has a time requirement, called a statute of limitations, that restricts how long you have to file a case in court after an accident. Your lawyer can help you understand your rights, get medical bills and property damage claims taken care of, and prepare a case in court if your claim goes that far. Fortunately, many injury cases settle “out of court” by an agreement between the insurance company and your lawyer. Still, a few end up with unresolved issues that have to go to a judge or jury.
If your case isn’t settled before a lawsuit is filed, the process can continue for a few more months or even a year. You may be involved in answering questions and providing information to the other side in the case, a process known as discovery. There are formal written questions called interrogatories sent back and forth between the parties in many personal injury lawsuits. There may be a formal question and answer session under oath called a deposition. Most cases will be resolved before they get to an actual trial in court, but it is a possibility that your case may go all the way to trial. Your lawyer will work with you to help you understand what to expect and how to get the best result from your case.
Koberlein Law Offices – Florida Personal Injury Lawyers
Have you suffered an injury because of someone’s carelessness? Understand what you need to know about your legal rights as an injury victim by promptly contacting a Florida personal injury lawyer. At Koberlein Law Offices, our skilled and experienced personal injury attorneys work with you to get the maximum compensation for the harm that you suffered. After telling us of your situation, we can counsel you on your legal options, and we will fight on your behalf to get you financial relief and justice. To get in touch with an injury attorney at Koberlein Law Offices, call us toll-free at 877.556.2889 or contact us online.
