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If you’ve been hurt in an accident or otherwise suffered a personal injury, you may be wondering how much your potential case is worth, and whether or not you can settle the case yourself. Let's discuss!
A personal injury claim is not something that many people have prior experience with, and as such, most victims are very uncertain about the best way of proceeding (or if it is even worth their time). As a personal injury law firm with over 20 years of experience, Rasansky Law Firm handles claims on a day-to-day basis, and we have a very strong understanding of how the claims process works.
You must understand that the sole purpose of a personal injury claim is to compensate you for the damages you've actually suffered. If you were almost injured, you likely have no actual damages and thus cannot successfully bring a personal injury claim. If your injuries caused you pain and suffering, medical expenses, lost wages, etc., then you likely do have a personal injury claim that is absolutely worth pursuing.
While we understand your reluctance to involve an attorney in the process, it's important to realize that personal injury lawyers actually cost you nothing out of pocket (they only collect a fee if they actually win you money), can save you a LOT of hassle (valuating your damages, drafting demand letters, responding to admissions, filing paperwork, researching case law), and can drastically increase your case's potential value (as without an attorney, you have absolutely no leverage when negotiating).
It's easy for most people to head over to a website with a "settlement value calculator," but what a lot of people don’t understand is that these calculators are woefully inadequate (as well as inaccurate) when it comes to determining what you should get for your injuries. These settlement calculators require you to input the value of your damages when most people do not fully comprehend the extent of their damages or cannot give an accurate number. How do you determine the value of your pain and suffering, an unsightly scar, a permanent disability, or a potential reduced earning capacity? All of these damages are subjective, and the "value" will differ for people in different situations.
The best way to accurately valuate such damages (and have the insurance company take them seriously) is through expert opinions from medical professionals, life-care planners, economic experts, etc. While most lay people do not have the ability to obtain an expert witness opinion, attorneys know that without them, you stand little chance at recovering anywhere close to your actual (current and future) damages. Remember, in a personal injury claim, the burden of proof is on you!
Additionally, what you won’t glean from online calculators is that if your actions were in part responsible for your injuries, your award may be reduced accordingly. For example, if you were speeding when another driver ran a stop sign and caused a car accident, a jury might put 15 percent of the fault on you and 85 percent on the other driver. Insurance companies understand this concept of comparative negligence, and will use it when determining their settlement offer (although they will almost always claim that you were more-responsible than you actually were). Without citing case law (previous lawsuits which share similar circumstances) to show what percentage of fault a jury would likely put on you, the insurance company will exploit this to justify a lower settlement offer.
If you were only slightly injured (bumps and bruises) and did not require any medical or chiropractic care, then you probably do not need an attorney. Your injury claim may very well be flatly denied by the insurance company, but if your injuries were minimal, an attorney would probably not be able to do much for you.
On the other hand, if you did/do require medical care, it is absolutely in your best interest to discuss your case with an attorney, and most will provide you with an over-the-phone consultation free of charge. Do not be afraid to speak with a personal injury attorney as this is literally our raison d'être; helping victims recover the money they're owed following a personal injury. If injury attorneys did not provide a valuable service to victims, our industry simply wouldn't exist.
You only get one shot at a personal injury claim, and we urge you to consider your options very carefully. For a free case evaluation, email our attorneys using the contact form on this page, or call us at (214) 651-6100.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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