The insurance companies are going to fight to keep as much of your settlement as possible.
We see it everyday in our business. People decide to take on the insurance companies alone because they believe they have a case that doesn’t need legal representation. These cases run the risk of losing major parts of settlements that the victims deserve, because of legal pitfalls that independent representation leaves them open to and the big insurance company lawyers will take advantage of. Don’t make any insurance claims until you at least consult with an attorney and don’t be more of a victim than you need to be.
Every single personal injury case that we see is as unique as the people involved and no two are the same. Whether you have a case that can be pursued for damages depends on many factors. The quickest way to find out if you have a case is to fill out our form or call us. However, here are some general guidelines:
Who is at Fault?
Can the facts show that a person or company entity was at fault or contributed to the fault of your injury? In many states, you can even be partially responsible for your own injuries and still pursue a claim. Only a legal expert analyzing your particular case with regard to your state’s laws can give you definite answers regarding whether your culpability or that of another party means your case is pursuable or not.
How Severe are the Damages?
In order to know if your case can be pursued or not, our lawyers need to discuss the extent of your damages from the accident. This can include the cost of medical bills and treatment, lost wages, pain and suffering and more. How severe injuries must be in order to pursue a case depends on your state’s laws. Our attorneys can provide free legal advice that will help you determine if you have a case or not.
What is the Statue of Limitations?
All claims have a limit to the time in which you have to pursue them. That time period depends on the state you live in and the type of case you have.
For example, in California, a court will not likely hear a case involving suit for personal injury after two years. If a municipality or government office is involved (for example a state park), there is only 6 months to bring the case to court.
That said, the vast majority of personal injury cases are settled outside of court directly with insurance companies. However, waiting before pursuing a claim against an at-fault party’s insurance company can cause issues as well. The best thing to do in all accident cases is to consult with a lawyer immediately. It’s safe to say that speaking with an attorney BEFORE ever saying anything to an insurance company is the wisest course.
Is a Lawsuit Worth It?
Not all cases warrant a lawsuit. There is a fine balance that an attorney has to strike in many cases when deciding whether to take an injury case to court. A lawsuit can add many months to the duration of a case and can be costly. All of our member attorneys will recommend whether your particular case should be taken to court based on your best interests and not necessarily based on the fastest results. Many times, the attorney will be able to negotiate a settlement between you and the insurance company.