It is natural to want to act when someone threatens your health or safety. Fortunately, the law allows victims of certain accidents or actions to seek reparations from the person who hurt them. These reparations occur in the form of personal injury settlements.
Beginning a personal injury claim and collecting payment for a personal injury claim are two different matters. Most personal injury attorneys can help you to begin the process, but it takes an expert to ensure that you get paid for your suffering. If you are concerned about the path to payment in a personal injury claim, a few of our tips may help.
You cannot get paid for a personal injury claim unless it fits the requirements of personal injury. For these cases to be valid, the person who caused harm must have been negligent in their behavior when they caused the accident. Negligence comes in many different forms and depends on your unique scenario, but it essentially involves any situation in which a person fails to follow the law or fulfill their legal obligations. Examples include the following:
- Driving while texting
- Failing to keep a facility clean and free of hazards.
- Allowing one’s dog to bite someone.
- Performing an unnecessary surgical procedure on a patient
You and your attorney will determine how negligence occurred in your case and work to prove it through pieces of evidence and witness testimony. You must show that the responsible party was being negligent if you want to collect payment on a personal injury claim.
The way in which you collect payment will depend upon your situation. In many car accident claims, for example, the defendant’s insurance company is financially responsible for your payout. These payouts often occur in the form of a lump sum, and recipients usually get them via check. About 50% of personal injury claims end in a settlement, and approximately 95% are settled outside of court.
A defendant that must pay the settlement out of pocket may negotiate a structured settlement with you. This means that they will pay the amount owed to you in installments over time. Usually, these are monthly payments, but not always. The schedule and amount of the payments will be clear in your agreement. The average payout is between $3,000 and $10,000.
Finding a Qualified Attorney
The journey to a personal injury payout depends upon your attorney’s expertise. Personal injury claims are complicated, and it is important to find an attorney who is trained in your specific type of personal injury. An attorney’s experience with an issue, as well as their track record of winning their cases, are two major indicators of how well your case will go.
You also need to find an attorney with whom you feel comfortable. Personal injury cases put victims in a vulnerable position. Not only are you recovering from an injury, but you are also exposing your experience to the court. This can be intimidating, and having a legal advocate on your side is incredibly helpful. Find an attorney who listens to your story and who makes you feel comfortable.
Finally, always discuss finances with potential attorneys. Every attorney and law firm charges differently for their services, and it is essential that you understand what your financial obligation will be. Most attorneys claim between 33% and 40%.
Contact Lamar Law Office, LLC
Our team at Lamar Law Office, LLC has many years of personal injury law experience. We have helped hundreds of clients to receive personal injury payouts, and we are here to help you through the entire process. For more information, contact Lamar Law Office, LLC online.