Frequently Asked Questions About Personal Injury Claims
A personal injury is caused by someone else’s negligence, willful act (intentional tort) or liability that happens to your body, mind or emotions. Many questions about personal injury claims come up. Here are answers to some that we get asked frequently.
Should I Accept The Insurance Company’s Settlement Offer?
No. The insurance companies want you to settle as soon as possible, for as little as possible. Injuries often do not show up right away. Once you sign the agreement, you cannot go back for more money.
You could have a concussion or internal injuries and you might need ongoing medical treatment. Even if your bills are mounting, you could be in a far worse situation if you settle before finding out what you need to continue your life.
If someone died in the accident and you need money for the funeral, it is still a bad idea to settle too early. Do not even speak to the insurance adjuster. Hire a personal injury attorney and tell the adjuster and the at-fault driver’s attorney to talk to your lawyer.
What Qualifies For A Personal Injury Claim?
Personal injury claims could include vehicle accidents; accidents at a home or business; airplane and boat accidents; animal attacks; defective products; malpractice; and failure to provide adequate security.
What Types Of Damages Can I Collect?
Depending on the circumstances of your claim and how badly you were hurt, you could collect for:
- Emotional distress
- Lost wages
- Loss of enjoyment
- Loss of love and affection
- Loss of opportunity
- Medical expenses
- Mental anguish
- Mental disability
- Pain and suffering
- Permanent scars
- Physical disability
- Property loss
If someone died you could collect for a variety of things, including:
- Funeral expenses
- Loss of their income
- Loss of companionship
- Medical expenses
- Punitive damages (capped at three times the amount of the compensatory award or $50,000, whichever is greater)
Will My Case Go To Trial?
Not necessarily. Most personal injury cases are settled. However, you want to hire an attorney who is prepared to take your case to trial if the insurance companies refuse to offer a fair settlement.