Due to the versatile nature of personal injury claims, there is a very high degree of ambiguity regarding how the law governs this aspect of society. These claims are all unique in their own perspective, but even then, the law has clearly determined the rights each party has by statues and precedents created by previous case law. It is safe to say that legislation has effectively encompassed the rights of each party involved, even a witness to the accident can claim for damages if certain prerequisites are met.
However, since it is not every day that people have to make a personal injury claim, they often lack knowledge will help them effectively get damages that encompass their damages. These damages will include the damage to their cars and any personal injuries that might have been inflicted due to the accident. People can also claim for psychological stress that was induced by the accident; even then, understanding this complex area of law is integral. To clear any ambiguity regarding the law that governs personal injury and accident claims, given below are the most frequently asked questions.
1.Why should I settle a claim when I can file a personal injury lawsuit?
This is probably the most frequently asked question as many people often confused whether out of court settlements are more viable then filing a lawsuit. Everyone has the legal right to obtain compensation for their injuries through the litigation process, but sometimes an out of court settlement might be a better choice.
In most cases, everyone has an insurance policy set to kick in such scenarios. These insurance providers will try their level best to solve the issue outside of court. A settlement will decrease the time frame in which the issue is resolved and will also eliminate litigation costs! But insurance providers will try their level best to produce minimum compensation and opting out of a trial may result in zero compensation. People should only opt for settlements after speaking to a Palm Springs personal injury attorney in order to make sure that the compensation is adequate.
2.Should I trust an online settlement calculator?
After an accident, every party has the right to seek compensation from their respective insurance providers. And in every case, the insurance company will try to minimize costs and effectively reduce the risk involved. In most cases, people will simply use an online settlement calculator to determine the settlement and will then tally this amount to the compensation being offered.
What people have to realize is that these calculators take a restricted number of factors into consideration. While the court of law will take an array of aspects including the factual matrix of the case to determine the settlement. This is exactly why every individual should use these calculators and contact a personal injury attorney in Palm Springs to make sure that this amount is adequate.
3.Can I reject a settlement offer?
Yes. This may come as a surprise to many, but everyone has the right to reject a settlement offer made by an insurance company. Most people settle for any amount that the insurance provider offers as they believe that getting something is better than getting nothing. But this is not true, people can easily reject and request for a counter offer!
If that counter offer still does not encompass your losses, then the only option is to contact a personal injury lawyer so that they can initiate the litigation process. At the end of the day only a certified lawyer can clear any ambiguity regarding a personal injury and accident claims! To learn more about this area of law, simply contact your attorney.