Obtaining compensation from the at-fault party involves several steps that typically include filing a claim with their insurance company or pursuing a lawsuit. The goal is to recover damages for medical expenses, lost wages, and other losses caused by their negligence. Here’s how the process generally works:
Establish Fault
An attorney must be able to demonstrate that the at-fault party’s actions directly caused your injuries. This often requires gathering evidence such as accident reports, medical records, witness statements, and photos of the scene.
File an Insurance Claim
Most personal injury cases start with filing a claim against the at-fault party’s insurance provider. This could be an auto insurer, a homeowner’s insurer, or a business liability policy, depending on the type of accident. The claim should include documentation of your injuries, expenses, and other losses.
Demand Fair Compensation
Insurance companies often try to minimize payouts by disputing liability, downplaying injuries, or offering low settlements. Your attorney can counter these tactics by negotiating on your behalf, presenting evidence of the full extent of your losses, and demanding a settlement that reflects the harm you’ve suffered.
Prepare for Litigation, If Necessary
If the at-fault party’s insurer refuses to offer a reasonable settlement, filing a lawsuit may be the next step. This legal action holds the at-fault party accountable and allows the court to determine fair compensation. While many cases settle before going to trial, having the option to litigate can encourage insurers to take your claim more seriously.
Receive Your Compensation
Once your attorney helps secure a settlement or court award on your behalf, you’ll receive your compensation. This amount is intended to cover your past and future expenses related to the injury, as well as non-economic damages like pain and suffering. Some forms of compensation an attorney can help you recover include:
- Past, current, and future medical expenses
- Lost income and work-related benefits
- Loss of future earning capacity if your injuries result in a permanent disability
- Property damage
- Related out-of-pocket expenses, including travel costs to and from treatment
- Physical pain and suffering
- Emotional distress and psychological issues
- Loss of consortium
- Loss of enjoyment of life
- Scarring and disfigurement
If someone’s careless or intentional actions killed a close family member, you may qualify to pursue a wrongful death claim. In certain cases involving egregious negligence or unlawfulness, your attorney could pursue punitive damages in court.
