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Before an individual pursues damages for a personal injury claim, they should understand how this process works. Based on the law, damages for these claims can be collected if the injury is due to the negligence or actions of another entity. The damages that an individual collects can be in the form of pain and suffering, wrongful death, long-term or short-term disabilities, emotional injury and emotional distress. When an individual suffers from one or more of these things, they can recoup a certain monetary amount for their losses and debt incurred. The debt is normally due to various kinds of medical bills and hospital bills. The amount of money involved can be from a few thousands to millions of dollars for the injury that has been sustained. These awards are based on the severity of the injury. One of the reasons why the amounts can range from low to high is because the victim can claim punitive damages if it applies.
Obtaining Legal Representation
While some people may be tempted to pursue the case without the representation of attorney, this decision is normally impractical because the attorney involved should be well versed and skilled with knowing personal injury law. Additionally, the client should also look for those attorneys who have litigation experience, especially if the insurance company or private agency involved refuses to offer a reasonable award. If the client is concerned about the costs of representation, they can talk to the attorney about working on a contingency basis. Which means, after the client receives a settlement, the attorney will receive a certain percentage of the amount that is awarded.
Obtaining the right representation, however, may sometimes be difficult to do if the individual is not familiar with the best attorneys in the industry. Hence, the client will most likely have to do their homework before talking to any attorney. The process of getting the right attorney should be done as quickly as possible, since the individual will need guidance on what should be done within certain timeframes.
Timeframe for Filing
The time frames can vary based on the types of injury and the state that the injury was sustained in. The victim may have 120 days to file a personal injury claim or they may have 2 years. By contacting an attorney quickly, each individual will know how fast he or she should move.
Litigation vs. Mediation
In the past, litigation was the most commonly known way of seeking recourse for an injury. Today, insurance companies are now pushing more cases into mediation instead. When taking the cases through a mediation process, insurance companies can save on the court cost and time spent in court (some cases can take years to settle). Therefore, the mediation process is viewed as a more efficient process for settling injury claims outside of the court system. In some cases, this is a winning solution for the insurance company as well as for the injured person. In others, however, the injured may not receive the maximum that is allowed based the law.
If you need more information related to this topic contact David Marocchi?
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Source: http://www.nil2million.com/legal/understanding-the-personal-injury-legal-process/
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