If you’ve been injured in a traumatic accident, whether it’s a car accident, a work-related accident, a slip-and-fall accident, or a defective product accident, filing a claim to hold the liable parties accountable for their actions is a smart move. When someone else is at fault for causing your injuries, they should have to pay for your medical expenses.
Going through the civil claims process can be complicated when you aren’t familiar with what a personal injury settlement consists of. It’ll be in your best interests to hire legal representation to assist you through the process so that all of your documents are filed on time and you feel more confident about the outcome of your case.
The first step in obtaining a personal injury settlement is pinpointing who was at fault for causing your accident. Evidence will need to be gathered to show that the liable party was negligent and, as a result, caused your injuries.
As an example, there was a slip-and-fall accident case in Virginia where a woman suffered from a traumatic brain injury after slipping on spilled milk in the grocery store. Her Richmond personal injury lawyer did a deep investigation of the case and obtained video footage showing that a store clerk spilled the milk and failed to clean it up or place hazard signs around the spill. This video footage was clear evidence that the store clerk exhibited negligence in the slip-and-fall accident.
Calculating a Settlement
After negligence is proven by gathering proper evidence, a settlement can be calculated by assessing all of the damages you’ve suffered. Economic damages will be examined, such as medical expenses, property damages, and loss of earning ability from being out of work.
Your attorney will put monetary values to any non-economic damages you’ve suffered, and these non-economic damages can include pain and suffering, loss of enjoyment of life, and emotional distress.
The Demand Letter
Once you’ve figured out all of the details in your personal injury settlement, including who the defendant is, why they were negligent (with evidence to prove it), and a calculated settlement amount, you can write a demand letter to the at-fault party. The demand letter should lay out all of the details in the case and explain why you’re demanding a settlement for your suffering.
Negotiations and Trial
The defending insurance company will receive the demand letter and either pay you a settlement or negotiate a new offer. If you and the defendant can’t agree on compensation, the case will go to trial. When you have a strong legal team behind you, they can negotiate on your behalf in court to ensure you receive the compensation you deserve.
Personal injury settlements can be complex, but when you’ve been injured by someone else’s negligence, it’s important to seek justice. Knowing the steps of the process ahead of time can ease your concerns as you pursue a claim.