Wednesday 6 July 2011

Going To Court After A Personal Injury Can Be A Good Decision

Personal injury can happen at any time with no prior warning. Apart from physical pain there are often mental and emotional stresses that go hand in hand with an accident. Someone who commutes to work in a car may suddenly find himself confined to bed for weeks for the body to heal. Circumstances like this can cause financial stress on top of the bodily pain.

The monthly household expenses are suddenly increased with medical costs. The patient may experience the additional burden of loss of income during the recovery period. He may resort to borrowing money to make ends meet and soon find that rising household debt is adding psychological stress.

The injured party should file a personal injury claim as soon as possible after the disastrous event. The court may rule in his favor and the other party involved may have to pay compensation in order to solve the victim's financial stress. It is important that the patient get back on his feet as soon as possible and lack of financial stress will help him to do this.

Sometimes these matters are settled out of court. This happens particularly if the victim's case is strong. The guilty party prefers an out of court settlement in the hope that they will save some money. This type of settlement has to be agreed upon by both parties. Very often the injured person is confused as to which will be better for him. Should he settle out of court or wait for the court decision. The best option is for him to make sure he is well advised by an experienced attorney who knows the ins and outs of personal injury law.

The insurance company of the defendant is responsible for the settlement. Insurance companies prefer out of court settlements because they will be less. Litigation fees of court hearings can result in much higher compensation costs for insurance companies. Unfortunately most out of court settlements only cover medical costs. Loss of earnings and other costs are rarely paid out to the plaintiff.

Going to court can be a time consuming procedure. There is always a mountain of paperwork as well as lengthy legal procedures. There is no guarantee for the victim regarding the time it will take before he receives his compensation. A well qualified and experienced injury claim attorney is essential for the victim. Otherwise he may experience many unnecessary delays or even lose his case on a technicality.

The civil court will take into account all aspects of the case. Loss of earnings to the victim, medical expenses and repair costs are all taken into account. The possible change in lifestyle, loss of employment and pain and mental stress experienced by the victim are also important factors to the court. This is something to remember.

Vehicle insurance can cover the victim's medical expenses if injury is caused by a motor accident. The company may cover alternative medical treatment as well as standard treatment.It is essential that the victim is made aware of this.

Your personal injury lawyer is best qualified to advise you regarding an in or out of court settlement. Cases that call for higher compensation are generally better settled in court.


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