Devastating accidents can take a major toll on your physical and emotional well-being. After the incident occurs, you now have the task of negotiating a settlement with the insurance providers. You will likely encounter certain obstacles and uncertainties throughout the process, which is why you should take the time to educate yourself on what to expect.
That’s why our personal injury attorneys in San Diego want to provide you with answers to the 4 most commonly asked questions about personal injury settlements:
Question #1 — Why file a claim? Wouldn’t it be better to file a lawsuit?
Filing a lawsuit should never be your first option. The court system (especially in California) can be extremely costly and unpredictable, which will greatly affect the amount of compensation you receive. You are ultimately hoping that a judge and jury will rule in your favor, which isn’t a guarantee by any stretch. Settling out of court is certainly a more beneficial approach for victims seeking compensation for their injuries.
Related post: Unique Differences Between a Car Accident Claim and a Lawsuit
Question #2 — What are “damages” and how do you calculate them?
Damages are essentially the medical expenses and other estimated costs that you incur because of the accident. When negotiating with the insurer, you have the task of calculating the monetary amount of your settlement. You have to account for any financial losses that are directly and indirectly related to your accident. This includes:
- Lost wages and income opportunities
- Property damage
- Past and future medical treatment
- Mental and emotional suffering
Question 3 — Can you reject a settlement offer?
Absolutely. In fact, plenty of insurance adjusters will try and offer you a settlement that comes up well short of what you deserve. Although most personal injury cases settle before they go to court, you can always file a lawsuit if you believe that the insurer is refusing to compensate you fairly for the damages you suffered.
However, with all that being said, keep in mind that you need to be strategic. Don’t overplay your hand and make sure that you are presenting a strong case to the insurance company. Talk to your personal injury attorney about your best options moving forward that will help maximize the amount of compensation you can recover.
Related post: 5 Critical Reasons You Must Work With a Personal Injury Attorney
Question #4 — How is your lawyer paid?
Depending on the law firm you decide to hire, you usually have different options to compensate them. Many operate on a contingency fee, which means that you don’t owe your lawyer anything until you are able to settle with the insurance company. Then they will collect a percentage of the settlement amount. However, with most personal injury attorneys, that percentage will decrease if you can avoid having to file a lawsuit (which will require you to settle your case in court).
Seeking Compensation for Your Injuries
If you live in Southern California or San Diego and are seeking compensation for your injuries, then you are in luck. The legal experts here at HHJ Trial Attorney have ample experience when it comes to negotiating settlements and litigating personal injury cases. Schedule an appointment with us today and one of our representatives can immediately begin reviewing your case. Our ultimate goal is to fight for the financial compensation that you deserve!
Testimonial from Emmett, Personal Injury Client
I cannot tell you how positive my experience with Elliott Jung, Adam Hepburn, and Michael Hernandez was. Their professionalism is unmatched, and the work ethic is something you do not come across every day. They are available at all times and the caliber of work in their field as injury attorneys is special. Their aggressive negotiating skills and code of ethics are two of the many reasons why I would highly recommend this group to anyone in need. An amazing experience with the team!