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Protect Your Personal Injury Victim Rights
You’ve been injured by the actions of another person. It doesn’t matter if the injury occurred in a car accident or by some other form of negligence, you deserve compensation for the cost of medical care, lost wages and other damages incurred from the injury. While some cases can be settled without the threat of legal proceedings, many personal injury cases go to litigation.
Litigation simply refers to taking legal action. Litigation can be stressful and expensive, especially for the at-fault company or individual. After figuring out the cost of damages, you can make a request for compensation in writing to the at-fault party. In an auto injury case, this would go to the at-fault driver’s insurance company. Protect your rights and seek the advice of a personal injury attorney to figure out the appropriate compensation request amount and get advice on the process. At this point, the request, known as a claim, would be considered by the at-fault party. If it is accepted, there is no need for litigation.
Too often, the at-fault party, or the insurance company, does not accept the claim. A lower compensation amount may be offered or the claim may be rejected outright. At this point, the personal injury attorney will provide advice on the different courses of potential action. If the counter offer is close to the original damage request, the advice may be to accept. Once the damages are paid, the claim is settled and there is no need for litigation.
The attorney may advise continued negotiations to see if a fair level of compensation can be reached. If the at-fault party agrees to your counter offer, the case is settled and proceedings do not move on to litigation.
If the claim is rejected outright, or if the negligent party refuses to offer a reasonable settlement amount, you will have to start litigation proceedings to get compensated. The personal injury attorney will file court papers and notify the negligent party. Any contact from the at-fault party, now known as the defendant, needs to be handled by your attorney. Now known as the claimant, you need to avoid making any statements that may hurt your claim. Even though litigation is started, most personal injury cases are settled before the trial stage.
Some personal injury cases are settled outright. Many times, however, a settlement can’t be reached and the case requires litigation. If you’ve been injured, click this link to reach an experienced personal injury attorney in Wilmington.
Eric writes often about the legal field. You can find his thoughts at Storify blog.
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