Will Filing A Personal Injury Claim Be Hard?
Anyone seeking personal injury compensation is also likely wondering how hard the process is going to be. Lawyers can never guarantee whether a case will be easy or difficult, but there are some factors that typically determine how challenging claims will be. The following three factors will often tell an attorney what's ahead.
The main theory of personal injury law is that liable people should pay compensation to victims to make up for the harm that comes from negligence, recklessness, or malice. Proving liability can sometimes be very easy. Under the theory of strict liability, for example, a demolition company is liable for all injuries resulting from its use of explosives. Conversely, a general liability case involves a more nuanced idea of how the actions of both the defendant and claimant might have led to what happened.
If the defendant is insured, that's usually a good thing. Insurance companies generally try to pay all valid claims, and they're also frequently inclined to pay even borderline cases if they're not sure they can win. The insurer's goal is to minimize their costs in terms of both money and legal exposure. Likewise, it never hurts an insurance company to remind a customer why it's good to keep their policies paid up.
Notably, the fact that the defendant might be uninsured doesn't mean a case is terrible. Some large corporations, for example, are self-insured. These organizations frequently handle claims almost the same way insurers do. Also, you can still pursue action against an uninsured defendant even if they can't pay. The challenge there is you may have to sue to place a lien on the assets or even garnish their earnings.
The law allows people to seek compensation for non-visible injuries like brain and spinal traumas, internal organ damage, and nerve pain. Some statutes even allow emotional trauma cases without evidence of a physical injury. However, the easier it is to show what the injury is, the easier will be for a lawyer to prove the case. Facial disfigurement, for example, is highly evident.
That isn't to say cases with less visible injuries aren't worth pursuing. A personal injury of that type may be catastrophic, and that frequently yields higher settlement or judgment totals. You will find, however, that these cases often take more research and reports. In some instances, the victim may require exploratory surgery to determine what's wrong. Similarly, a personal injury attorney will usually want to wait to file until they have the fullest possible medical picture.