People may file legal claims for different types of personal injuries, including automobile accidents, workers’ compensation, dog bites, slips and falls, medical malpractice, assault, and more. Whatever the nature of the injury, the common denominator of a personal injury claim is that a person was hurt as a result of another party’s negligence.
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You may not want to impose upon others, make waves, or deal with legal hassles, but there are a number of compelling reasons to file a claim. You can recover financial losses due to medical expenses, property damage, lost wages, diminished earning potential, and even pain and suffering.
When injuries are severe, such as spinal injuries or traumatic brain injuries (TBI), you have little or no choice but to seek compensation. Otherwise, you will be left to deal with the physical, mental, and emotional consequences of these injuries. A personal injury claim can help you recover medical costs and maintain a stable living.
There are two ways to resolve a personal injury dispute. You can settle with the defendant out of court or sue and go to trial. If you decide to settle, you give up your right to sue. Here’s a look at some of the pros and cons of both settling and suing.
Settling out of Court
You and your personal injury attorney can build a case to present to the defendant’s insurance adjuster. The adjuster can then propose a settlement offer. Your attorney can help you know if the offer is fair or if you should proceed to a trial.
Settling out of court involves less risk; if you go to trial, there is always a chance that your award will be less than the original settlement offer. Going to court is also more time consuming, and your attorney’s fees will be higher. Most attorneys collect contingency fees rather than hourly fees, which means that they receive a percentage of the final award.
Going to Trial
If you cannot reach a fair settlement offer, your attorney can assess your chances for winning your case in court. If they believe that you have a compelling case, it may be worth it to escalate and go to trial. Depending on the evidence that you can present, you may be able to win a much higher award in court. You may also be able to sue for pain and suffering as well as punitive damages. Punitive damages go beyond just compensating the plaintiff; they are intended to punish and reform the defendant and deter others from engaging in the same type of wrongdoing.
Whether you need a traumatic brain injury attorney in Henderson or a car wreck lawyer in North Las Vegas, let Tingey Injury Law Firm guide you through the process of filing a claim and help you get the compensation that you deserve.