Personal injury is a fairly common occurrence in day-to-day activities, and the law that governs people seeking redress for injuries suffered is quite broad.
This is why you may need a Marrero personal injury lawyer to help you navigate the often murky waters of personal injury claims.
A lawsuit is the go-to method you might be thinking of to settle your personal injury claim. While they can be effective, they can also be time-consuming and involved.
Another way to go would be to settle out of court. If successful, it helps you get a guaranteed settlement, which is something a civil lawsuit doesn’t guarantee you since there’s always a chance (no matter how small) that you can lose the lawsuit.
To determine how much compensation to aim for in negotiations, you must calculate the following:
Once your calculations are done (with the help of your attorney and other experts), then you can adjust the value of your claim for factors such as the number of defendants, the establishment of liability, your characteristics as the victim, and so on.
After this is done, then you can send your demand letter to the defendant(s) or their insurance company. Usually, there will be a lot of back-and-forth negotiating till an agreement is reached.
If an agreement can’t be reached, we won’t hesitate to take your claim to court to see that you get the full amount you’re owed.
There are a lot of factors that determine the success of your personal injury claim. However, there are two factors that are very key.
Determining the degree of the liability of the defendant requires proof of willful intent, negligence, or strict liability.
If there is proof of willful intent, then it means the defendant intentionally performed actions they knew would cause damage or pain to you and/or the general public.
If there is proof of negligence, then it means the defendant was supposed to take care of you in one capacity or another but didn’t.
Lastly, if there is proof of strict liability, then it means the defendant provided you with a service or a product for which they bore legal responsibility to ensure your continued wellness. This is commonly used in tort cases regarding unsuitable/defective products.
This is generally calculated based on the type and extent of injuries you sustained in the accident. If your injury is a serious one that can be detected by a medical examination, then your settlement has a higher multiplier in the damages formula. Some examples of such injuries are head injuries, cartilage tears, broken bones, and others.
On the other hand, if your injuries are considered minor injuries, such as sprains and strains, then your settlement has a lower multiplier in the damages formula.
Resolving issues regarding personal injuries can be complex and overwhelming. Plus, the timing of filing your claim is very limited. Thus it is important that you get a lawyer who understands personal injury claims and how best to file them.
You can know more about how a Marrero personal injury lawyer at our firm can help you. Just contact Manard Law, LLC through our online submission form or by calling 504-585-7777.