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Your Personal Injury Claim: Crucial Elements

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Your Personal Injury Claim: Crucial Elements

Brubaker Injury Law

March 20, 2024

When it comes to personal injury claims, having the right attorney by your side is essential. Your lawyer isn’t just a legal representative; they’re your navigator through the intricate terrain of liability, insurance coverage, damages, and potential case value. Let’s delve into these critical elements of your case:

Liability: Unraveling Responsibility

Liability is the cornerstone of any personal injury case. It refers to who is legally responsible for the harm you’ve suffered. Your attorney’s role here is crucial:

  • Investigation: They meticulously investigate the incident, gathering evidence to establish fault. Whether it’s a car accident, slip and fall, or medical malpractice, they piece together the puzzle. If you hire them in time, they may be able to obtain surveillance of your injury.
  • Legal Standards: a good lawyer understands the legal standard for negligence, duty of care, and causation. They apply these principles to determine liability.
  • Multiple Parties: Sometimes, liability isn’t straightforward. Multiple parties may share blame. Your attorney disentangles the web, ensuring no responsible party escapes scrutiny.

Insurance Coverage: Navigating Policy Limits

Understanding insurance coverage is vital. Here’s where your attorney shines:

  • Policy Limits: Every insurance policy has limits—the maximum amount the insurer will pay for an individual injury. For instance, if an auto policy has a per person bodily injury limit of $50,000, that’s the most a person injured by the insured’s negligence may obtain from the insurance policy.
  • Exceeding Limits: But what if your damages surpass this limit? Your attorney explores options:
    • Defendant’s Assets: They assess the defendant’s personal assets. If collectible, you can pursue compensation directly from them.
    • Umbrella Policies: Some defendants have umbrella policies that extend coverage beyond the primary policy.
    • Multiple Defendants: Your lawyer identifies other potentially liable parties.

Damages: Calculating Your Losses

Damages encompass the physical, emotional, and financial toll of your injury. Your attorney should be an expert in calculating:

  • Compensatory Damages: These cover medical bills, lost wages, pain, and suffering. Your lawyer should meticulously calculate these losses.
  • Future Damages: They consider long-term effects—ongoing medical care, rehabilitation, and diminished earning capacity.
  • Non-Economic Damages: Emotional distress, loss of enjoyment of life, and impact on relationships fall under this category.

Potential Case Value: The Art of Assessment

A lot goes into assessing the potential value of your case and obtaining a fair settlement offer.

  • Legal Experience: Drawing from past cases, a skilled attorney can gauge the likely outcome. Their intuition matters.
  • Negotiation Savvy: When dealing with insurers or opposing parties, a skilled lawyer knows how to maximize your claim.
  • Insurance Policy Review: If negotiations against an insurance carrier fail, a skilled attorney’s understanding of the insurance policy may open new avenues of recovery.
  • Experience on Big Claims: when you’ve suffered an injury that will follow you for the rest of your life, you want an advocate who has obtained million-dollar results.
  • Before you Sign a Release: you should understand: (1) liability, (2) insurance coverage, (3) damages, and (4) potential value in your case. If you don’t fully understand these elements and how they relate to your case, it may be time to ask a personal injury attorney to take a second look at your case.

Choose Brubaker:

At Brubaker Injury Law, we empower our clients to make decisions about the unique circumstances of their case. If you have questions about your personal injury claim, call us today at 1-800-817-9301. The consult is free!

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