In 2019, 2.74 million people sustained injuries from traffic accidents, and another 6.8 million received emergency room treatment for injuries suffered from falls. Serious injuries are more than an inconvenience. They are often costly and may lead to long-term physical, mental, emotional and financial hardships.
When another party’s actions cause the accident that led to your injuries, you have a right to recover your losses. A Fielding Law personal injury lawyer has the experience and knowledge you need in your corner. Hiring an attorney can ease some of your burdens and improve your chances of receiving a fair settlement. Here’s why you might want a personal injury lawyer working for you.
Accidents happen, and sometimes people have no one to blame but themselves when they get hurt. However, another party’s actions or inactions frequently cause or contribute to accidents resulting in serious injuries. These injuries are generally not from acts of abuse or violence.
Instead, they are due to negligent behavior or a failure to take the level of care or precautions a prudent person would take in the same situation. Traffic accidents and slip-and-fall accidents are the two most common types of accident cases personal injury lawyers work with.
Vehicle collisions were the second leading cause of preventable death and the fifth leading cause of preventable injury in the U.S. in 2020. Often, traffic accident cases are complex, with multiple parties sharing some degree of fault. It becomes even more complicated when a large truck is involved. Obtaining evidence and gathering required documentation can be a lengthy process with numerous obstacles.
The number one cause of preventable injuries in 2020 was falls. When slip-and-fall accidents occur in the workplace, they are often a worker’s compensation issue. However, these types of accidents frequently happen on third-party property. For example, if you slip on a wet floor in a store and get hurt, you may have a premises liability claim. Obtaining a satisfactory settlement from a premises liability claim is often more challenging than traffic accident claims.
When you sustain injuries from an accident, you generally pursue compensation from the liable party’s insurance company. In cases where fault is more clear-cut, the at-fault party’s insurance company may offer a quick settlement.
The goal is to tempt you to accept fast cash. The trouble is that the insurance company gets a far greater benefit from this than you do. It gets the claim off the books quickly and saves the company a lot of money. Seldom are these settlements enough to cover your losses.
If fault isn’t as easy to establish, you may find yourself in a fight with multiple insurance companies. You may even have your claim denied, leaving you to deal with the financial repercussions on your own unless you have an attorney to help.
State governments establish insurance laws for passenger vehicles, and the only two states that don’t require car insurance are New Hampshire and Virginia. State regulations determine what types of coverage vehicle owners need and how much. Two types of coverage are relevant for car accident injuries:
However, having insurance doesn’t guarantee compensation, no matter whose fault the accident is.
Determining fault in a premises liability claim is tricky. You first must establish that the property owner owed you a duty of care. If you were legally on the property, and the owner did have an obligation to maintain the property and keep it safe from hazards, you then must demonstrate:
The property owner and the insurance company will undoubtedly attempt to demonstrate that the owner was not negligent and that you were responsible for the accident.
Hiring a personal injury lawyer may improve your chances of receiving a fair settlement from the insurance company. Not all attorneys deal with insurance companies, but at Fielding Law, we recognize how hard it is to negotiate with claims adjusters. We understand the laws, and we know how insurance companies work. Let us handle the negotiations for you.
When the insurance companies don’t play fair, you may need to pursue a legal claim. Furthermore, if you have serious injuries, the compensation available to you through insurance may not be enough. Your losses may exceed policy limits. Insurance also does not cover non-economic damages, such as pain and suffering, or long-term financial losses if your injuries compromise your ability to earn a living.
A successful legal claim requires an in-depth understanding of your state’s personal injury laws. Before filing a lawsuit, you must meet state criteria for a serious injury. Satisfying the requirements is often the easiest step in the process. The outcome of your case depends not only on the evidence you present but also on the state’s personal injury negligence laws.
Most states adhere to comparative negligence or modified comparative negligence rules. In both cases, your liability impacts how much of the settlement award you receive. If the court determines that you hold some responsibility for the accident, your settlement is reduced by your percentage of fault. In modified comparative negligence states, if your liability exceeds the 50% threshold, you forfeit your right to compensation.
A personal injury lawyer has the knowledge and experience to help you build a solid case and fight for your right to compensation. Personal injury attorneys walk you through the legal process, helping you:
With a personal injury attorney in your corner, you can spend more time and energy on getting your health and life back on track.
If another party’s negligence led to your injuries, you deserve fair compensation reflecting the full extent of your losses. However, navigating a personal injury claim on your own can be daunting. Moreover, pursuing a claim without an attorney may result in a lower settlement or increase the risk of your case being dismissed altogether.
At Fielding Law, we understand the challenges you face in pursuing a claim while recovering from your injuries. We’re here for you whether you need our help dealing with the insurance company or fighting a legal claim. We don’t get paid unless we win your case. Contact us today to schedule a free consultation.