A personal injury claim can arise from a wide variety of situations. Car accidents contribute to most personal injury cases, and there are other situations like medical malpractice, workplace accidents, wrongful death, and slip and fall incidents that come under premises liability. At a finer level, personal injury cases could include dog bites, boating, and aviation accidents, nursing home abuse or neglect, and catastrophic accidents or injuries.
If you want to file a personal injury claim for a car accident, you can seek professional help from a DLY Car Accident Attorney. But before contacting the attorney, you must know that the ground for a personal injury claim considers that you have undergone personal harm, not your belongings or property.
The personal injury attorney will first undertake due diligence by evaluating the accident, your injuries, and the conditions in which it happened. The attorney would ascertain the legitimacy of the case based on the following factors.
Who is at fault or liable
The keystone of personal injury cases is to determine who is at fault or liable for the accident, and your lawyer will take it up as the first task before looking at the other aspects of the case. For example, if the police report of an accident in which you were involved states that the accident occurred due to your fault, then most attorneys would turn down your case because personal injury cases hinge around holding the other party liable fully. However, there might be cases of shared liability based on the law of comparative negligence, which shows that both parties involved in the accident were liable.
Qualifying conditions
The personal injury attorney will study your case in detail to understand that there is a case that he or she can prove in the court of law. Remember that just because you hurt and injure yourself in an accident does not qualify you for claiming compensation for personal injury unless your lawyer can comprehensively prove the negligence of the other party that caused the accident.
The severity of the injury
To file a personal injury case after an accident, there must be a just cause that the attorney will ascertain even if the injuries are not much serious. The attorney would be more motivated to pursue your case if the injuries result in unusually high medical bills. You incurred a loss of wages the points to the seriousness of the injuries. Spinal cord injuries, paralysis, and burns are all serious injuries.
The cost of personal injury
Since personal injury lawyers base their fees as a percentage of the compensation recovered, the claim's value motivates them to take up a case. Only when the injury affects you financially and emotionally negatively is that you have a strong case. The attorney will also add the out of pocket expenses incurred when recovering from the injuries, which can be a considerable amount. The attorney has the skills of assigning a monetary value for all mental sufferings and injuries to work out the compensation amount that seems most fair.
Never contact the insurance company before talking to your attorney as it can weaken your case.