For as long as I can remember, the legal field has always fascinated me. While my friends watched sitcoms and cartoons, I chose to watch courtroom dramas and real life trials unfold. There was never really any question as to what I wanted to be when I got older. The only profession for me was that of a trial lawyer. Unfortunately, a serious car accident several years ago changed all that. Now, my injuries prevent me from leaving my home most days. However, my love for the law has never went away. While I may not be able to realize my dreams of becoming a trail lawyer, I still wish to help people with their legal problems. That is why I decided to start this blog. It is my hope that the information contained in these pages will help other accident victims like me when filing their personal injury claims.
If you have been harmed through the careless actions of another, you may be entitled to monetary damages. It can be difficult for accident victims to know where to turn after an injury. You might have heard of resolving cases using insurance settlements, small claims court, and civil court. To help you understand what venue will work for your needs, read on.
Insurance Settlements
Many times, minor accidents and injuries can be resolved using the insurance of the driver. That being said, most accident victims have no idea of what they might be entitled to be paid after an accident. Before you decide on whether or not to take an insurance offer, speak to a personal injury lawyer. Most don't charge a fee for a consultation and you will leave knowing that you are doing the right thing. As a reference point, the higher your medical expenses, the more likely it is that you are entitled to far more than what the insurer is offering.
Small Claims Judgments
The main difference between small claims court and traditional civil court is the limit on damages. That means those using small claims court will inevitably be paid less money. The good thing about small claims court is that your court costs and the time spent is usually less than that with a civil court case. Unfortunately, most who appear in small claims court do so without a lawyer and that might mean they don't realize how much more they should be asking for.
Civil Court
If a small claims court is not appropriate for the compensation you need from the case and the insurer is not offering you enough money to settle the case, civil court is your answer. You will need the help of a lawyer to navigate through the complex rules of civil law, however. The process of filing a case in civil court begins with the preparation of the lawsuit which is served on the defendant (the other driver and their insurance carrier). Before the case can begin, discovery exercises will have your lawyer sharing evidence with the other side and you might be participating in some of those exercises, particularly the deposition.
It can be puzzling when an injury results in losses. To be paid what you are owed, you might not need to take your case all the way to court but preparing to do so is recommended. To find out more about the above options for compensation, speak to a personal injury attorney.
Share2 November 2020
