A favorable personal injury case is one that contains liability, damages, and collectability. If any of these elements is missing, the injured person will not have a favorable result of his legal dispute. An experienced Philadelphia Personal Injury Lawyer will have to prove all of the above-captioned elements during settlement proceedings, an arbitration or a trial.
In a personal injury case, the injured person usually attempts to prove that the defendant is legally liable for the accident, and includes requests for monetary reparations for the harm / injuries caused.
Since "personal injury" is a very broad term that encompasses varying degrees of harm, the compensation issued by the court, arbitration panel, or agreed upon in a settlement may vary based on many factors, including but not limited to the injuries sustained, a degree of the defendant’s negligence (in a negligence-based case), the insurance coverage limits.
To maximize chances of success, it is usually a good idea to hire an experienced Pennsylvania Personal Injury lawyer. The insurance company of the person liable for the injury must make appropriate reparations for the loss faced by the victim. This can encompass medical bills, lost wages, distress, and several other types of damages.
Some instances of personal injury lawsuits may also include claims of medical malpractice. In these cases, it is helpful to have one of the Philadelphia Injury Lawyers by your side, because they can efficiently negotiate with the insurance companies as well as hospital authorities.
The attorney can oversee the process of getting compensation for losses pertaining to the injury. Attorneys will usually collect documents to present to the court to prove that the accident was not the victim’s fault. However, a personal injury case does not always have to go to court. Before any claims are formally filed, a Pennsylvania personal injury attorney may try to settle the case informally outside of court. Either way, a good attorney should do everything in his or her power to get the maximum possible compensation for the victim.
The three most common ways to resolve a personal injury case include the following:
Much More Informal Way of Settlement- an informal settlement is typical in many personal injury cases and occurs without any lawsuits being filed. An attorney will negotiate with the party that caused the injury, or the party’s legal representative and request a certain amount of money for the victim’s losses. At the end, a written agreement is usually signed by both parties, guaranteeing a certain amount of money that is owed to the victim.
Arbitration- Arbitration is usually quicker than a trial, and instead of a judge or jury the decision is made by the panel of attorneys. Litigation (that takes place in court), as opposed to arbitration, usually is much more expensive. This is why many companies view arbitration as an effective way to avoid the courtroom.
Filing a Formal Lawsuit- in personal injury, a lawsuit against a natural person, business, or another entity can be filed for the negligence that resulted in the injury. A lawyer will gather necessary documents and present them to the court to prove that negligence on the part of the accused party was the cause of the injury.
Get Professional Help from An Experienced Lawyers
Each Injury Attorney that works for our firm has an in-depth understanding of personal injury cases. We can provide the guidance that you need, and explain all the pros and cons of settlements, arbitration, and litigation. You can call the Law Offices of Samuel Fishman, PC and ask us questions about your case.