When you have been injured, whether in a car accident, a fall or some other situation, you should be able to focus on your recovery. You should not be distracted by insurance companies and medical bills. Our attorneys aim to relieve that burden, negotiating on your behalf to fully compensate you for your time, pain and suffering.
Personal injury cases can be more complex than they appear on the surface. There are two parts to a personal injury case. First, it must be established that the other party is responsible for the injury. This is called liability. Liability can be straightforward, but it can also be complicated. In some situations, there may be shared liability. Shared liability may reduce the settlement amount. In still other situations, liability may be in dispute.
The second part of the case are the damages. As the injured party, you often have to deal with an insurance company. The insurance company is represented by an adjuster who has a certain amount of authority to settle the case. The adjuster’s job is to settle a case for smallest amount of money possible. In car accident cases, there may be two adjusters; one who handles the property damage and another who handles the injury.
Negotiating with an insurance adjuster is an art, not a science. If a case cannot be settled by negotiation with the adjuster, a lawsuit must be filed. Once a lawsuit is filed, an attorney who represents the insurance company will take over negotiation discussions. Negotiating with opposing counsel is also an art, not a science. If a settlement cannot be reached through negotiation with opposing counsel, the parties may attend mediation. If mediation does not result in resolution, the case will proceed to trial.
At a trial, a jury decides whether the other party is liable and if so, whether he or she is solely liable or if there is shared liability. Assuming there is some liability, the jury will then decide what damages to award. Damages include medical bills, lost wages and pain and suffering.