Hold That Lawsuit: How To Be Compensated For Your Personal Injury Without Suing
Taking a case to court is both time-consuming and expensive, but there are a few methods you can use to be compensated for your personal injury without having to actually file a lawsuit. To learn more, read on.
Make a Demand
While it sounds a little harsh, it is actually a well-respected and often-used legal procedure. The demand letter lets the at-fault party know all about your injury and lets them know that if you aren't compensated, you will file suit. More than that, it lists your reasons behind your demand, allowing the other party to understand what they could be encountering if they were taken to court. The most valuable benefit of a good, convincing demand letter is the potential for a fair settlement offer as a result. Examples of good demand letters abound, but be sure to include the following:
- A summary of the accident and why you feel the other party is at fault.
- Witnesses and other evidence, such as accident reports and video footage.
- A summary of your medical treatments and the costs so far.
- Finally, the demand, which is the amount of money you are asking to settle the case out of court, right now. Be sure to make this figure a little higher to leave some room for negotiating.
File a Claim
If you've been injured at a place of business, be sure to take action as soon as possible with the store management. Most businesses do have insurance coverage for customer injuries, and you will likely need to fill out an accident report. Since courts cost money for both sides, the store may offer to not only pay for your medical expenses, but your pain and suffering as well.
Workers' Comp
If you've been injured at work, your employer's workers' comp insurance will likely cover your medical expenses and a portion of your lost wages. If your injury is serious and permanent, you may be offered a lump sum settlement, which is normally only offered when it is unlikely that you will ever work again. You should understand, however, that to get compensation for your pain and suffering you may need to file a personal injury suit.
You may not consider the need for a personal injury lawyer if you have no intention of actually filing suit, but these legal professionals can be invaluable when it comes to writing a compelling demand letter, or using their negotiation skills to get you top dollar for your injuries. It should be comforting to know that your attorney, like one from LeBaron & Jensen, P.C., will stand ready to file a lawsuit if that becomes necessary to get you the compensation that you need and deserve.