This article is by Steve Raiser – a New York personal injury lawyer. You can visit his website by clicking here.
Being compensated for a personal injury is not a simple process. Many claims that are not filed by an attorney are routinely denied by respondent insurance companies in an effort to discourage the claimant from pursuing any damages at all. Other times, when the insurance adjuster realizes the claim is valid they will make a small offer that may sound reasonable at the time, but be clearly inadequate after the settlement is finalized. And, quite often, the settlement will include a full release of future medical responsibility for the injury by the insurance company. Insurance adjusters either want to retire a claim quickly for a small amount or attempt dragging the claim out by micro evaluating the case in an effort to stall the claimant out for a lesser settlement. This potential problem is exactly why it is always very important to retain an experienced personal injury attorney to handle your claim because the negotiation process can be difficult and technical. Having an effective and aggressive legal team ensuring you receive maximum financial recovery allows you to focus on physical recovery.
Proving the Respondent is Responsible
The first step in winning a personal injury damage award is proving that the respondent owed a reasonable duty of care to the injured plaintiff regarding personal safety. After establishing this fact, usually through testimony and documentation, your personal injury attorney must prove that the respondent was negligent in that duty of care, resulting in the injury. Both of these legal processes can be challenging and often defended vigorously. The amount of compensation that may be available could also easily be affected by the information entered in the process, especially regarding comparative fault percentages when the case is finalized. Building a strong case that will yield a fair and equitable settlement will always require the legal negotiation expertise of personal injury attorney for proper compensation.
Comparative negligence is the notion that many accidents are caused by multiple actors, and often times that includes the injured plaintiff. This can have a major impact on winning a case and is exactly where insurance companies will attempt to lessen the value of a claim or dismiss it outright. All personal injury attorneys can recognize when an insurance provider is acting in bad faith by overstating the level of personal negligence displayed by the injured plaintiff and move quickly to counter any claim in this regard. The final determination of comparative negligence percentage is usually applied in a case at trial, and many times the comparative negligence argument is why the case has gone to a complete trial.
Trials can be an option for either party in a personal injury suit. Many times the defense will take a case to a full trial when they think they can reduce the claim payout or win an acquittal. But, plaintiff attorneys can opt to try a case as well when they think they can win punitive damages for gross negligence or significantly reduce the comparative negligence percentage of their client. Trials are also common when there are multiple negligent parties being pursued for a legal ruling for maximum financial recovery award. Even when punitive damages are not applied, the outcome can be much better for the injured plaintiff.
If you are truly focused on being properly compensated for a personal injury it is vital to hire an effective and aggressive attorney who knows how to build a solid case for maximum settlement. Many times cases are settled long before any trial phase, and the attorney you choose can make a major difference. Do not let an insurance adjuster convince you that you do not need an attorney. That is a sure sign that you have a valuable case. Call a personal injury attorney immediately.