Once you have been injured in South Jordan by someone else, you have likely already begun the personal injury lawsuit process. Knowing you may have a legal claim should push you forward to: Notify the Insurance CompanyIf you were hurt in an accident caused by another individual’s carelessness or recklessness, your first option is to turn to the responsible person’s insurance company. It rests on your shoulders to notify the insurer of the accident, your injuries, and a forthcoming claim. Many personal injury claims are settled by the individual’s insurance carrier. However, it can take years to reach a fair agreement. It is also possible that the insurer will fight your claim, attempting to deny responsibility or make lowball offers. Hire An AttorneyOnce you have been injured and notified the relevant insurance company about the accident, then your next step should be to find an attorney. Insurers do not always play fair. Their main goal is to save themselves money, which means they will hunt for reasons to deny your claim or limit your compensation. A lawyer can protect you from an insurer’s bad faith or aggressive practices and seek to protect your rights and obtain the maximum compensation for your injuries. Gather Evidence to Support Your ClaimWhile the insurance company will conduct its own investigation into the accident, your attorney can investigate independently on your behalf. Your attorney may find evidence the insurance company overlooks or may view evidence in a different light than the insurer. This can help you build a stronger case or better address weaknesses. Attempt To Negotiate A Personal Injury Claim SettlementOnce the insurer and your attorney have had time to investigate the accident, you may receive a settlement offer. The first offer from an insurance company is often low and there is usually considerable room to negotiate for a higher amount. Consider MediationIf you and the insurance company do not see eye-to-eye right away on a settlement amount, you or the insurer may request mediation. This is a type of alternative dispute resolution and is not a trial. You and your attorney and the insurer’s representatives will meet with a neutral third party in one or multiple sessions. The mediator does not make any decisions and is only there to guide the discussion. During these sessions, each side presents their arguments until a settlement agreement is reached or not. Filing A Personal Injury LawsuitThe appropriate time to file a personal injury lawsuit depends on your exact circumstances. In some situations, your attorney will advise filing the suit if settlement negotiations fail. However, your lawyer may recommend filing the lawsuit earlier, such as during the claim investigation, because the legal discovery process can enable you to gather more information. Filing suit can enable you to learn more about what caused the accident, which may bolster your claim for compensation. Utilize the Discovery ProcessAfter you file a personal injury lawsuit, you and the defendant, which will be the responsible individual represented by the insurance company, have the opportunity to utilize the discovery process to gather evidence. During discovery, each side can ask the other to answer questions, provide records, and give depositions. This may provide you information that supports your claim, prove the other individual’s fault, and enable you to ask for a greater amount of compensation. Continue Settlement NegotiationsFiling a personal injury claim lawsuit does not mean your case will go to trial. Settlement negotiations can continue until the time of the jury’s verdict and ultimately, most personal injury claims settle short of trial. Go To TrialIf you and the insurer do not come to an agreement, then you and your attorney may decide to proceed with trial. By trial arrives, you will be thoroughly prepared. You and your attorney will have thoroughly investigated your situation, hired expert witnesses to testify on your behalf, and prepared the case. While the trial may be a new experience, none of the information presented should come as a surprise. Once your attorney and the defendant have presented all of their evidence and closed their cases, then the judge or jury will deliberate and decide your case. What Qualifies as a Personal Injury Lawsuit?If you have suffered an accident or injury caused by someone else, you may be considering filing a personal injury lawsuit. It is important to know the process of filing a claim and what goes on in the process of personal injury cases. Why File a Personal Injury Lawsuit?Personal injury can greatly reduce the quality of life for the sufferer. As the plaintiff, the burden of proof is on the injured to prove that the injuries were caused by the negligence or carelessness of another party. The key term is negligence. Negligence can be described as intentional or unintentional action or inaction that leads to the injury of another party. As the person who is injured, you are seeking the right amount of compensation for your suffering. These damages may be used to cover medical bills, lost wages, damaged property and other aspects of your life affected by this injury. Types of CasesVictims may choose to file a personal injury lawsuit against the other party to seek compensation. A lawsuit requires the injured party, known as the plaintiff, to file a civil complaint against the other party in a court of law. The basis of the complaint is that the negligence of the other party caused the plaintiff’s injuries. The other party, known as the defendant, must prove their total or partial lack of responsibility in court. A “party” is not limited to one person and can refer to a business, corporation, organization, etc. Both parties can also choose to handle the dispute out of court. They can meet for negotiations moderated by an arbitrator or mediator. During negotiations, both parties come to an agreement with terms outlined in a written document. Both parties agree to forego a formal trial and the defendant is required to pay damages to the plaintiff. Statute of LimitationsVictims only have a certain amount of time to file a personal injury claim. The statute of limitations depends on the state you reside in but it normally lasts from one to five years. Types of Personal InjuriesThe actual injuries suffered by the plaintiff in a personal injury lawsuit vary. Plaintiffs may sue if they are injured by defective equipment or products, slip and fall, get hurt in a car accident, ingest harmful food or substances, experience assault, medical malpractice, or even suffer from birth defects. Personal Injury Lawyers Know Insurance Company TacticsInsurance companies know how to intimidate injury victims – it’s what they do for a living. They’ll tell you things like: Personal Injury Attorneys Know How to Accurately Calculate Pain and SufferingA general rule of thumb for calculating pain and suffering is adding together actual damages namely things like medical bills, rehabilitation costs, property damage and lost wages then multiplying that number by 1 through 5, depending on the severity of the injury. If your injury cost $8,000 to treat, you lost out on $2,000 of income while you were unable to work and your auto accident injury was a 3 on the severity scale, your attorney may seek $30,000 in pain and suffering damages. Personal Injury Attorneys Know How to Identify and Hold the Negligent Parties ResponsibleIn some auto accident and personal injury cases, culpability isn’t as simple as blaming the other driver. If another driver runs a red light and hits your vehicle, injuring you and your family, there could be multiple parties responsible. If that driver had been slamming on their brake but the car wasn’t stopping, the manufacturer of their brake pads or the mechanic who installed them incorrectly may be negligent parties. If the traffic light was faulty, the government may hold some responsibility. If the driver was drunk, the bar that served them may be a negligent party in the accident. A personal injury attorney hires a team of investigators, medical experts and even accident recreation specialists to gather data and uncover all available details to ensure everyone who is responsible for your injury is being held accountable. Trial Attorneys Are Well-Versed in Local Laws Governing Personal Injury Cases and Can Fight for You in CourtThe legal system isn’t comprised of a set of universal rules. Every state has a different set of laws governing personal injury cases and damage calculations. You can try to study up on your legal situation yourself, but that is a time-consuming process and there’s no guarantee you’ll be able to represent yourself well enough to get the fair claim settlement you deserve. An experienced personal injury trial attorney in Florida has spent their professional life learning the: Contingency Fees – If They Don’t Win, You Don’t PayThe majority of personal injury attorneys in Utah will work on a contingency fee basis, meaning they are paid a percentage of the ultimate settlement they win for your case. Injury victims don’t have to pay for personal injury representation out of their own pocket, which is helpful at a time when they are being inundated with medical bills and may be without an income due to their inability to work. If the personal injury attorney fails to win your case, you may end up owing them nothing for the work they did on your case. Tips for Maximizing Compensation in Your Personal Injury Case• Preserve Evidence: The jury is going to decide your case by looking at the evidence. Even the other party is going to decide whether to offer you a fair settlement based on the strength of your case. That means the more you can do to preserve evidence, the greater the chance of winning your case is going to be. You should take photos of the accident scene and your immediate injuries if you’re able to. It’s important to try to collect names and contact information for witnesses. If there’s a police report, you will want to get a copy as soon as possible. Your attorney can follow up on this information to collect detailed witness statements and prepare the case. Personal Injury South Jordan LawyerWhen you need to recover for your personal injuries in South Jordan Utah please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Personal Injury South Jordan Utah first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Attorneys In UT West Valley City Should I Sell My Car After An Accident? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/personal-injury-south-jordan-utah/
0 Comments
Leave a Reply. |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |