About 97% of cases settle outside of court. Some cases end up in court because of issues that cannot be resolved in pre-trial negotiations. In choosing a personal injury lawyer, ask them when is the last time he or she went in court to fight for their client’s rights.
The defendant’s insurance company has a right to pay your claim as a one-time payment. This payment will include all past losses and will also include any future losses. 

In some circumstances, an advance payment on special damages can be requested. You lawyer will be able to give you advice on the possibility to get an advance payment.
In a typical personal injury claim against a faulty driver, you can claim for the following:
  • Pain and suffering (the cap can apply here)
  • Loss of income, past and future, and your loss of earning capacity and loss of competitiveness on the job market
  • Costs of medications and treatments
  • Cost of housekeeping and maintaining your home
  • Increased insurability costs

What is important to know, and this applies to all personal injury claims, is that it is the injured person (claimant) that has the burden of proof to show how the accident has affected them. The insurance company will defend, dispute, or question any claims brought forward by the claimant.
The injury claim process has many steps, too many to list here, therefore we will present a general overview. Your personal injury lawyer will be able to provide you with more details as your case progresses.

The first step is notifying the faulty driver’s insurance company that you are presenting a claim. Do not do this before speaking with a lawyer. 

After you have retained a lawyer, he or she will be speaking to the faulty driver’s insurance company, or their lawyer, on your behalf. One of the first things your lawyer will do is request relevant information in your case, most of this information will be medical and financial in nature but information about the other driver, his or her insurance details and the details of the accident are also necessary. 

Once the essential information is gathered, the lawsuit is filed in court within the time limits. After this is done, the other driver is notified that you have filed a claim against him or her and they notify their insurance company. The faulty driver’s insurance company usually then appoints a lawyer to defend the claim against its driver.
No lawyer should be able to tell you exactly what your case is worth immediately following your accident. Many factors influence the value of a case, factors like whether or not your injury will affect you at work in the long-term or whether or not you will need medications and treatments on a long term basis, just to name a few. Until we obtain a firm medical prognosis from your various doctors and other health professionals, the value of your case may be difficult to estimate. 

An experienced personal injury lawyer will know what information to look for immediately following your accident and still be able to tell you whether or not you case is worth pursuing.