A personal injury case occurs when a situation results in injury or damage to an individual and/or their belongings as a result of neglect. Personal injury is most often associated with a car or automobile accident. If the car accident involves a negligent driver resulting in loss or damage to another on the road, a personal injury settlement is in order. The money most often comes from the insurance agency of the person accused of neglectful behaviour.
However, personal injury cases could involve any kind of accident, not just those involving cars. A personal injury case can include slipping and falling or getting bitten by somebody’s pet dog, for example.
A personal injury settlement happens mostly outside court. But in some cases, depending on the nature of injuries or damage, the case might even go to court where a lawsuit may be filed and a personal injury lawyer is hired to fight the case in a professional capacity.
Applying for Personal Injury
Here are the ways in which to resolve a personal injury settlement:
- Understand Your Liabilities
There is a Statute of Liabilities applicable, which means the time limit within which an individual involved in an accident can file for a claim. Once this limit is over, no claim can be filed. For personal injury, the time limit is 3 years from the date of the accident.
- Contact A Professional
Personal injury cases are not always the easiest to handle. As an individual who has suffered damage, you may not be in best state to tackle, both, injuries and damage, for example if you were in an automobile accident.
The better course of action is to get in touch with a professional lawyer or attorney who can help you with understanding the extent of your injuries, help you determine your personal injury settlement amount, and preferably, also have communication lines open with most insurance agencies to help settle the claim fast and without hassles.
- Determine Insurance Coverage
Check the no-fault statute first. If you need to turn to the other individual, determine whether the legal exceptions to the no-fault rule are being met.
When you file a claim with your own insurance provider, you may either receive a claim or be refused. Individuals can appeal to the insurance supervisor if a claim is rejected. There is also the Massachusetts Division of Insurance that monitors insurance companies for business practices and which can also look into the matter, if requested.
- When turning towards the other individual, you need to check whether they do have insurance cover. If they do not, collecting on a claim can prove to be difficult. This is especially significant if your injuries are of a serious nature and need financial aid. Your professional personal injury lawyer can assist with this. File a Lawsuit
Filing a lawsuit is an option if there is no settlement imminent in a case.
However, there are ways, including filing third party claims against the negligent or offending party’s insurance provider. When filing this kind of claim, you need to find out who their insurance provider is, as well as their policy number. Following this, you can then send them a claim with details of the accident and your injuries.
When this doesn’t work, a lawsuit may be filed in the state civil court. The filing must be done within the time limit granted as per the statute of limitations.
Seeking on Professional Help
Some personal injury settlement claims may need a lawsuit. If you or someone you know, has suffered damage and injuries, reach out to for professional help to ensure rapid resolution.