Car and truck crashes, doctors’ mistakes, As your lawyer, we will gather all of the necessary evidence into a demand for compensation and send it to the insurance company for the negligent party. In most cases, we are able to reach an agreeable settlement during this process—although it can take some time and some back-and-forth in the negotiation process. When negotiations fail, however, it might be necessary to file a lawsuit in civil court to get the compensation you deserve.
When a Personal Injury Lawsuit Becomes Necessary
If the insurance company denies your claim, refuses to make a fair offer, or purposely delays the claims process, your lawyer will consider filing a civil action against the at-fault party. Essentially, what this does is ask the court to decide whether the defendant’s negligence caused the injury and how much the injured party is owed to compensate them for their losses. We will have to prove the same claims as we did in the insurance claim, but this time we will be presenting the evidence in court.
Once the judge has heard all of the evidence, he or she will make a ruling. In cases of extreme negligence or egregious actions, the judge could order the defendant to pay punitive damages in addition to compensation for demonstrated losses. This could be the case in a drunk driving crash, for example, or for a hospital or nursing home that has previous safety violations. A court can also order the defendant to access their personal assets to pay more than the value of their insurance policy.
How a Lawyer Can Help in Either Situation
You do not technically have to hire a lawyer to file an insurance claim or even file a lawsuit in civil court. However, having a lawyer on your side from day one provides multiple benefits, including:
- Freeing you up to focus on your recovery
- Making sure you act within the statute of limitations
- Gathering evidence to build the strongest possible case for compensation
- Making the insurance company take your claim seriously
- Bringing knowledge and experience to the negotiating table
- Knowing when it’s necessary to file a lawsuit and proceeding quickly
- Arguing effectively before a judge
At Pracht Injury Lawyers, we take personal injury cases on a contingency fee basis. That means that we don’t ask for any payment upfront. Instead, we will inform you of the percentage we will take off the top of your ultimate settlement or court judgment before we get started. If you agree to the terms, we will get started on your case, and you will owe us nothing out of your own pocket.
While we can never promise that we will get you a certain amount in compensation, experience tells us that personal injury claims brought by lawyers are almost always worth more than claims brought by individuals. So you have nothing to lose by scheduling your free consultation in one of our convenient offices across South Carolina to learn more about what we can do for you.
