In a perfect world should you be unfortunate enough to experience a personal injury, and it was due to the actions or negligence of someone else, you would instantly be compensated for the cost of your medical care and out of pocket expenses which you will incur whilst you make a full recovery. However, the world is not perfect and this would not be feasible as there are too many variables which can affect the recovery of an individual; you will not recover at the same rate as your neighbor!
The first issue which must be resolved is who was to blame? This can appear straight forward, for example a car has driven into you whilst you were walking on the sidewalk. However, this may not actually be the drivers fault! They could have a brand new car with a fault or it may have just had repairs completed at a garage and the steering has failed. This then leads to a question of whether the fault lies with the driver, the manufacturer or the garage.
The second issue is proving that fault. If the other party stands up and says it was their fault then you have a relatively simple case. However, if they deny fault you will need to argue the case. This will, ideally, involve pictures, witnesses and scientific calculations regarding to the scene of the accident and the various variables.
Finally, the third issue is whether there is in fact any blame! An accident can be just that, an accident! This may leave you with nowhere to claim unless you have your own insurance which will cover this type of accident. Unfortunately dealing directly with your insurance company can often be frustrating, time consuming and sometimes, ultimately unrewarding.
All of the situations above can be resolved quicker and much easier by using the services of a personal injury attorney. They will immediately relieve the stress and pressure from you and allow you to focus on recovering whilst they deal with the other parties. They will also ensure that you are getting all the care that you need to aid you in making a full recovery as quickly as possible. There are several protocols they will follow to ensure you gain the financial support you need:
- A letter asking for the issue to be addressed and a suitable level of compensation to be offered. Sometimes simply sending a letter from an attorney is enough to trigger the third party into offering terms or agreeing to what the attorney is requesting. This is often the case if the other party is clearly in the wrong.
- Alternatively it may simply be the start of the process and your attorney will need to start collecting all the evidence together and contacting expert witnesses to collaborate the facts and back-up your case. This can be time consuming but worthwhile. Ultimately the other party will realize that they need to come to an arrangement before the matter goes to the courts and a host of fees, including costs are added.
- Finally, once your attorney has managed to secure their agreement to compensate you they will need to calculate a fair sum. This will be a figure based on your legal bills, the severity of your illness and the likely recovery time; with particular emphasize on any potential long term issues. The figure should ensure you can continue to live at the same standard as you were before the accident.
Unless you have a very simple case, a personal injury attorney will always be necessary to ensure you get the best possible result.