When you’re injured through no fault of your own, and you are significantly damaged by the accident, you deserve compensation that will help you deal with the aftermath of the accident in a successful manner. With this in mind, there are six must-know facts that every injury victim should know in 2023:
1. Attorneys are a Must for a Successful Case
Trying to navigate the complex legal storm ahead of you solo is an awful idea. Not only will this ensure insurance adjustors and guilty parties can more easily manipulate you, but it will near guarantee that you’re getting a smaller, less sufficient payout in the long run. By hiring a personal injury attorney, you’ll have the ability to keep yourself safe, secure, and properly compensated post-accident. Finding the right personal injury attorney in Illinois is crucial to making the most out of your case, after all.
2. Emotional Damages are Still Important
The following can be compensated for by plaintiffs who successfully establish liability: emotional distress, disability, lost wages, financial loss, medical distress, pain and suffering, and more. A wounded party may experience post-traumatic stress disorder, depression, anxiety, or other psychological disorders for which the defendant may be liable because personal injury accidents are frequently stressful events. But, because damages for mental distress, pain and suffering, and other emotional injuries can be harder to prove than physical injuries, it is crucial to seek the expertise of a personal injury attorney who can ensure that you receive all of the compensation to which you are legally entitled. Never sell your suffering and accrued damages short when navigating a personal injury lawsuit.
3. Very Few Cases Actually Go to Court
Most personal injury claims, whether they arise from car accidents, slip, and fall incidents, or workplace mishaps, are not determined by a judge or jury after a trial. Instead, a personal injury lawyer will typically bargain with the prosecution for a fair payment. Yet, if the defense is unwilling to negotiate or will not accept a fair settlement offer, a personal injury attorney will battle to win you the highest possible monetary award in court. Understanding your options when it comes to settling, going to court, or even dropping a case is key when addressing this stage of your personal injury conflict.
4. Trust Your Lawyer’s Instincts
If you’ve hired intelligently, you’ll have a professional, experienced warrior on your side. Personal injury attorneys know the ropes of this entire situation, so be sure to trust your instincts as your case progresses. Chicago, and the rest of Illinois, use a modified form of comparative negligence, which allows a plaintiff to seek financial compensation from the defendant even if they contributed somewhat to the accident. The extent to which the plaintiff contributed to the accident’s cause, however, lowers the amount of the personal injury damages. Financial compensation for emotional harm is possible, as well as compensation for physical (or even financial) harm. Understanding the situation at hand is once again crucial.
5. Avoid Taking the First Settlement Offered to You
Most people get anxious when dealing with lawsuits, and will therefore take the first settlement amount offered to them. However, this is often a huge mistake that ends up costing people money. Because insurance firms are businesses, they have the incentive to settle claims as quickly and cheaply as they can. The insurance company may not completely compensate you for your injuries as a result of their settlement offer. Whether in a settlement or court, a personal injury lawyer will deal with insurance companies on your behalf and fight for a full and just financial recovery. That being said, if your lawyer highly recommends taking a settlement, you’ll need to consider the risk involved in seeking a higher amount. This amount can help you recover emotionally from the accident, after all. Once again, trusting your legal rep becomes a must.
6. Proving Liability and Case Preparation is Key
A victim of a personal injury must be able to demonstrate both liability and damages to have a strong case. The plaintiff must prove the following four elements to prove responsibility. First of all, the defendant had a responsibility to the plaintiff. Second, the defendant failed to uphold their duty of caution. Third, the plaintiff experienced harm. Last but not least, the plaintiff’s injuries were directly caused by the defendant’s breach of their duty of care. The more you and your attorney prepare for proving the offending party’s fault, and knowing that you have clear evidence ready to present, will make or break your success with your personal injury case.
Photo by Alexander Grey on Unsplash
Author: Mandy Kloppers
Mandy is a qualified therapist who treats depression, anxiety, OCD, PTSD, trauma, and many other types of mental health issues. She provides online therapy around the world for those needing support and also provides relationship counselling.
