Most people are entirely unaware of their rights protected by the law, and often neglect any compensation in situations where they have been victims of traumatic and health-affecting injuries. The most common reason for such behavior is the victim’s ignorance of matters of the law and their carelessness in seeking professional help. Therefore, in the text below, we’ll discuss some legal issues regarding personal injuries and your rights as follows.
How to start the process
In the case of a personal injury, there are a few steps you have to follow carefully in order to claim any compensation later on.
Moments after the accident occurs
In such cases, your immediate reaction should be to seek medical help and support. Call 911, and make sure to get the proper treatment. This is important for your personal well-being, and the medical reports are undeniable evidence in the process of building a case and having the proper arguments. Second, make sure to “capture” the scene in the form of video footage and photography, as this can influence the liability argument or who is to blame. And last but not least, make sure to give statements only moments after you have regained full consciousness and are completely calm.
Post-accident
In this phase, you should seek the help of a professional and make sure to fully inform them of the whole ordeal. Get the needed medical reports from your doctor, make sure to keep all the details to yourself, and go see your lawyer to discuss further steps. We advise you to take this needed step as soon as possible, as there are certain laws regarding the passing time since the accident occurred. For example, the statute of limitation refers to the deadline for filing a lawsuit after an accident. In Houston, Texas, this statute is around two years old, and it can vary from state to state. Therefore, look for a renowned personal injury lawyer in Southwest Houston with years of experience and a high success rate, ensuring your case will be settled in the best possible manner. A professional will make sure to follow all the steps and meet your rights. After contacting your lawyer, they’ll submit a demand letter to the insurance company of the involved party and display all the present evidence regarding your case. After going back and forth for some time, your representative (lawyer) and the insurance company will start the process of negotiating the best possible settlement. Have in mind that this can take some time, as the insurance company will have to reexamine all the evidence before making a final offer. These negotiations can either be settled peacefully with the insurance company paying up, or you’ll have to file a lawsuit if the settlement is below what you desired.
If you “play it” right and make sure to follow all the necessary steps, you are entitled to lost wages, emotional distress, damaged property compensation, and covered medical costs.
The type of personal injury you can sustain
There are numerous accidents that fall under the category of personal injury. Such cases, most notable among them, are car accidents, truck accidents, slip and fall accidents, construction injuries, work-related injuries, spine and brain injuries, and even pedestrian accidents and wrongful deaths.
With such a vast number of different accidents and injuries, the chances of you claiming compensation for any of them are quite high. You can receive compensation in the form of material support (payment for all the salaries, medical bills, and other possible expenses you had during the recovery) or even non-material in the case of sustained emotional and mental trauma due to the accident. Also, you can claim compensation even in the case of whiplash injuries where the symptoms manifest only weeks later. These cases tend to be a bit more complicated but are managed, and with the help of a real professional, you’ll be on the safe side. Whatever the case may be, you have specific rights, and not pursuing them is certainly a mistake.
The advantage of hiring a lawyer is a feeling of safety and security as you’ll have a representative protecting your rights and making sure to defend you adequately in court. It also gives you a chance, as opposed to going against the insurance companies on your own. People who do so often are at a serious disadvantage as they’ll have to deal with the whole legal team of the insurance company. Your lawyer will take up the role of guardian and handle all the verbal negotiations and settlements, make appointments and attend meetings. They’ll look for the best possible offer, never settling down for anything less than you desired.
The whole experience can be extremely traumatic on its own, and the last thing you need is to worry about whether your rights will be met or not.
