Things You Might Not Know About Personal Injury Claims
When filing a personal injury claim, there are countless things that will go through your head. You will surely know some things about the process as the internet makes it very easy to learn. Also, you most likely already hired someone to help you like personal injury lawyers at Munley Law in Scranton PA. However, no matter how much you learn, you cannot know everything.
Here are some things that you might not know about the personal injury claims process.
You Can Get Compensated Even If Partly At Fault
How much you will receive in the event that you had a part of the fault will depend on the state. There are some states where contributory negligence exists. This means that the victim will not be able to recover damages when any fault appeared. Also, in some US states, you can only recover damages when your fault is under 50%. In other states, it is possible to get damages whenever not having a complete fault.
Basically, damages are proportionate to your degree of fault. When multiple defendants exist, every defendant can be considered liable for everything when it is impossible to collect damages from the other defendants.
What you should know is that these rules are very specific. Your attorney can tell you what the law says in the appropriate jurisdiction.
What Is The Duration Of The Claim?
Most personal injury claims do not reach the trial phase. The majority will end in settlements between insurance companies and plaintiffs. The problem is it is very hard to predict exactly how much time will take until the claim is resolved.
Generally speaking, the personal injury claim with substantial injuries that require significant damages will be longer. The insurer will surely fight much harder to not have to pay too much. When the case is very complex or there is no clear liability, the settlement can also take a long time to reach.
Keep in mind that by simply hiring a personal injury attorney you can motivate the insurer. There is a much higher possibility a fair offer will be made early during the claims process.
Do I Have To Sign A Release?
This is something many do not know. The release is a document you will sign so that you can receive your settlement money. Simply put, this means that you are releasing legal claims against defendants and the insurer after the accident.
Keep in mind that releases cover all your claims. They do not cover just a claim against a single defendant. This can include a third party that might be liable and was not involved in the negotiations process. Also, when married, it is possible that the spouse needs to also sign this release for the money to be released.
At the end of the day, it should be pretty obvious that personal injury claims are very complex. It is important to have someone in your corner to help you. You should never file a claim without the help of an experienced personal injury attorney, preferably someone that has a lot of experience with cases that are very similar to yours.