When a potential claimant or plaintiff contacts a personal injury law firm, one question that's likely to come up is about how hard it might be to get compensation. Personal injury law imposes a specific set of processes on folks filing claims. No personal injury lawyers are going to tell you it'll be totally easy, but there are four factors that will determine just how difficult or simple getting compensation might be.
Insurance
Of the potential issues that can make an injury case tough, lack of insurance is usually one of the worst. First, there's the simple fact that insurance companies have money. Second, claims adjusters appointed by insurers are there to settle all valid claims with the least legal pain possible for their clients. Personal injury lawyers prefer, if possible, to deal with insurance companies.
Conversely, folks without insurance can fall into a number of problematic categories. The worst-case scenario is that a defendant who is fundamentally judgment-proof, meaning they're so broke you won't even be able to seize any assets from them with a lien if you do win. Then there are self-insured defendants who may just not be inclined to settle because they're spoiling for a legal fight.
Liability
The next big concern is whether there is a clear argument the defendant is liable. Did they have a duty to prevent the victim from being harmed? For example, a store usually accepts such a duty when it tells the public it's open.
Also, how directly did the defendant's actions lead to what happened? Some cases are fairly simple, such as claims following from criminal assaults. On the other hand, a case involving a slip and fall on a sidewalk in bad weather might be a little harder to sort out.
Damages
To claim damages, you must have injuries that led to provable harm. A simple version of this is breaking your arm due to the defendant's negligence. The medical costs of repairing the broken bone and getting you back to something close to normal life would be claimed as damages. Less simple cases can involve emotional trauma. That's a potentially challenging claim to make, especially in the absence of any physical injuries.
Time Left to File
It's important to get in touch with a personal injury law firm as soon as possible. The clock on the statute of limitations starts ticking in most cases at the time of the incident. After that, you'll have three years to officially notify the defendant of your intent to seek compensation.
Reach out to a personal injury lawyer for more information.
