When to make a personal injury claim
Should You Negotiate a Personal Injury Claim or File a Lawsuit? (Ep.3)
hello today we're going to talk about
should you negotiate a personal injury
claim or file a lawsuit
imagine you were injured in a car
accident caused by someone else you have
hospital and doctor bills costs of
medications bandages and continuing
therapy bills you're hurt you can't work
the pain you suffer continues daily what
do you do should you file a lawsuit
against the at-fault driver or do you
file a claim and try to negotiate a
settlement a personal injury claim and a
personal injury lawsuit are separate and
distinct from one another it's important
to understand which one best applies to
your situation we're going to use the
example of a car accident but the
information here can apply to all types
of personal injury cases including slip
and falls dog bites defective products
etc so let's talk about the difference
between a claim and a lawsuit a personal
injury claim is between you and the
at-fault drivers insurance company
before any lawsuit is considered the
claims process is a series of
negotiations between you and the
insurance company's claims adjuster the
negotiations hopefully result in a
compromise
where both parties are satisfied now
let's touch on a personal injury lawsuit
a personal injury lawsuit is filed when
the negotiation process breaks down and
the compromise can't be reached the
break down may occur because the claims
adjuster denies their insured was at
fault or doesn't agree with the severity
of your injuries and the amount you're
demanding
when claimed negotiations hit a wall the
next step is a lawsuit so it makes sense
to begin with the personal injury claim
a claim begins after a victim is injured
or suffers property damage or both
caused by another drivers negligence to
cover the resulting costs the victim
pursues the at fault driver who turns
the matter over to his insurance company
once the insurance company is notified
it generates a claim number and assigns
the case to a claims adjuster then the
adjuster opens a claim and contacts the
victim to negotiate a settlement if the
two can agree on a settlement a lawsuit
will not have to be filed to settle the
case the claims adjuster needs proof
that
the accident was caused by her in shirt
the at-fault driver that her insured was
negligent and that the victim's injuries
are severe enough to qualify for a
settlement to get this proof the
adjuster will investigate the facts of
the case in your case this investigation
may include reviewing your medical
charts and Bill's speaking with you and
any witness to the accident reviewing
the police report going to the scene of
the accident and taking photos looking
over the damage to your car and
estimating repair costs evaluating any
other evidence you provide now your
conversations with the claims adjuster
need to be accurate and support your
case during the claims process you must
convince the adjuster of the following
one their insureds negligence caused the
accident to your injuries are real and
required medical attention 3 the cost of
your medical treatment is substantial
for your out-of-pocket costs are real
medications crutches transportation etc
and directly related to the accident 5
because of your injuries you were unable
to work and earn an income 6 you suffer
continuing pain and discomfort now when
her investigation is over the claims
adjuster will make a decision based on
the information she collected the
decision can range from paying the
entire amount of your demand to paying
nothing
generally the adjusters response is
somewhere in between
at that point you and the adjusters
start negotiating
if you eventually come to an agreement
the insurance company sends you a
release form and a check once you've
signed the release and cashed the check
your claim is finished and final you
won't file a lawsuit or involve the
courts in any way so let's explore what
happens if you're unable to come to
terms beginning a personal injury
lawsuit a lawsuit begins when you can't
reach an agreement with the claims
adjuster technically you can't file a
lawsuit at any time starting the day of
the accident but for most minor
incidents a lawsuit is the last resort
it's only considered when negotiations
break down and other methods of
resolution have failed like arbitration
mediation a negotiated settlement is
often the best result because it avoids
the high costs and lengthy duration of a
trial although you might not be
satisfied
with the amount of money being offered
before you refuse consider the expense
and time needed to pursue a lawsuit if
you're not familiar with the costs of
lawsuit now's a good time to think about
it
it can include filing fees for the
petition the cost to have a sheriff or
constable serve your lawsuit time off
from work court reporter costs for
depositions and transcripts expert
medical testimony from doctors and
depositions and trial copying costs for
medical reports police reports witness
statements etc this is difficult for
people because he gets emotional but
listen never file a lawsuit because
you're angry or indignant over the
amount the insurance company offers to
settle your claim filing a lawsuit
should be an objective decision if the
injuries you suffered are not severe
enough you may be wasting your time and
money at the courthouse so what injuries
are serious enough to merit a trial
threshold injuries are very serious
injuries to fall in this category the
injury must have caused significant
damage and either be permanent or limit
a person's ability to do normal daily
activities for a specific period of time
many states use what's referred to as a
threshold injury doctrine if you're
injured in a car accident and failed to
meet the threshold your case could be
dismissed although the very states
define threshold injuries differently
some are common to all on those
threshold injuries include death
dismemberment significant disfigurement
or scarring fractures loss or
significant limitation of body organ a
medically certified injury or impairment
that may be non permanent which prevents
you from performing acts there customary
and usual for at least 90 days of the
hundred and eighty days following your
injury make the decision to file a
lawsuit carefully you don't want to file
a suit then have it summarily dismissed
if your injuries don't meet the
threshold and you live in one of the
states adhering to the doctrine give
very serious thought to sell your case
even for less than you think it's worth
regardless it's always a good idea to
speak with an attorney it's a good time
to talk about arbitration you've
probably heard the term before
arbitration can take place after
settlement negotiations fail but before
filing a lawsuit it's like going to
court without actually having to go to
court in Arbor
raishin both sides agree on a third
party called an arbiter or arbitrator
who listens to both sides and decides
the outcome in most cases once the
arbiter makes a decision
it cannot be appealed arbitration is an
excellent alternative to filing a
lawsuit there are various types
including one that guarantees you'll
receive at least some amount of money
compared to a lawsuit arbitration takes
less time because the hearing can be set
quickly the costs are also much lower
now how long do you have to take action
on a personal injury claim there's a
statute of limitations statute of
limitations means there's a time limit
for filing a lawsuit if you fail to file
your lawsuit before time expires you'll
lose the right to sue and may be left
with nothing now each state has its own
statute of limitations for personal
injury cases most are between two and
three years so check your individual
state laws normally the state where the
accident occurred is the state whose
statute applies with few exceptions it's
also the state where the lawsuit must be
filed that wraps up our talking whether
you should negotiate a personal injury
claim or if you should file a lawsuit to
learn more and get a free case review
visit injury claim coach.com
we thank you for watching and best of
luck with your case
