Tips on Filing a Personal Injury Claim or LawsuitFiled under Personal Injury
Reviewing your case with a personal injury lawyer in Las Vegas can help you weigh the merits of your case, and help you decide whether to file a personal injury claim or lawsuit. You may be distraught at not only the pain that the wound has caused but also the stress on how to proceed. In these situations, you may feel pressure towards all choices available: file an injury claim, file a lawsuit, or do nothing.
No matter what your final decision is, it never hurts to discuss your case with an experienced Las Vegas personal injury attorney. Most will provide a case evaluation regarding your circumstances. Here are just some of the factors they might look at.
The Severity of Your Injury and Your Available Insurance
Medical care is not cheap, but some injuries can enable you to incur only minor costs and benefit from a relatively quick healing process. They may also be almost completely covered by your own medical insurance.
On the other hand, significant injuries — those costing thousands of dollars or more — should not have to be paid for by you if they are likely the fault of another party. Even if the costs can be covered by your insurance, you run the risk of having premiums increase or even getting dropped from your policy.
Your injuries may also be more severe than you are able to tell initially, meaning that foregoing your right to a claim could cost you greatly down the road.
Therefore, depending on the cost of immediate and future treatment, you may have a strong desire to file an injury claim against any potentially liable parties. A good rule of thumb is to consider all injuries that cost more than your current medical insurance plan’s deductible fair game for a claim. If you don’t have insurance at all, any injury you cannot pay for should be considered under the same light.
The Clarity of Fault for the Other Party
Another critically important factor to consider is the nature of the injury incident. If the party you intend to file a personal injury claim against is not decidedly at fault, then the process may not be worth your time. Worse, if you attempt to sue someone for an incident where there is evidence that it was completely or mostly your fault, you could face sanctions from the court or a counter-suit.
These risks should not scare you away from a case where another party likely holds fault for your injury. Most personal injury lawyers work on a contingency basis, so you run little risk of paying out of pocket if your personal injury claim or suit is unsuccessful. You and an attorney can weigh the possibility of fault together by examining evidence of the incident before making a final decision.
Personal Injury Claim or Lawsuit?
When you do decide you want money for your injury, the most common course of action is to file a personal claim with the allegedly at-fault party’s insurer. You can negotiate with them on an appropriate settlement amount given the costs of your injury and their willingness to pay.
If they do not offer you a fair settlement or deny your personal injury claim outright, then you can file a lawsuit against them in an attempt to force them to pay through the court system. A lawsuit can also provide motivation for them to settle in many instances.
Few cases jump straight from an injury to a lawsuit without very specific reasons for doing so. Trial litigation is far more expensive and time-consuming than claims filing and the negotiation of settlements. In rare instances where the at-fault party has no insurance or is not willing to settle even the slightest bit, a preemptive lawsuit may be chosen if it is the most prudent legal strategy to take at the time.
Since there are so many factors at play, you may wish to have the guidance of an experienced Las Vegas personal injury lawyer who can help you file a personal injury claim, negotiate a settlement or proceed to a civil suit if need be.