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Claiming Financial Compensation After A Personal Injury: What You Need to Know


Each year in the United States there are on average 3 million car accidents, 300 thousand construction accidents and almost 100 thousand deadly medical mistakes (1). While these numbers are staggering and unfortunate, there are laws in place to make sure those who are negatively affected receive restorative compensation.

If you’ve been injured in any type of accident that wasn’t your fault, you have a legal right to financial compensation. The good news is that most personal injury claims caused by other people’s actions are successful, and you may be able to receive financial compensation for your injuries. In this blog post, we will discuss the basics of personal injury claims and what you can expect from the legal process when it comes to your finances and possible award. If you’ve been injured and are considering filing a claim, read on for more information!


When Should I Hire A Personal Injury Lawyer?

After an accident in which you sustain personal injury, it is important to seek legal representation as soon as possible. Most personal injury claims must be filed within a certain amount of time after the accident occurred, so it is important to take action before that deadline passes. 

The sooner you speak with a personal injury lawyer, the sooner they can start building your case and gathering evidence. Keep in mind that some personal injuries, such as those caused by medical malpractice or product defects, may have a longer statute of limitations depending on when you learned about the cause of your injury, but it is always best to consult with an attorney to find out how much time you have to file your claim.


How Long Do Most Personal Injury Cases Take?

Most personal injury claims take anywhere from six to fourteen months to resolve once they have been filed. However, this can vary depending on the complexity of the case and the amount of evidence that needs to be gathered. During this time, your personal injury lawyer will be working hard to build a strong case on your behalf and negotiate a full and complete settlement with the insurance company. If a settlement cannot be reached, your lawyer should file a lawsuit on your behalf and take the case to court. While personal injury cases can take some time to resolve, you should rest assured knowing that your lawyer is doing everything possible to get you the best outcome possible.


Why Do Most Personal Injury Cases Settle?

The majority of personal injury cases settle because it’s often less costly and time consuming for both the plaintiff and the defendant to reach a settlement agreement than to go to trial. Personal injury lawyers are experienced in negotiating settlements, and they know what type of compensation their clients are likely to receive if the case goes to trial. Your lawyer’s experience will come into play here as they can reference other cases and make sure you are getting a fair offer in comparison.

Many insurance companies will offer the bare minimum amount of money in order to settle a personal injury claim, so it’s important to have an attorney who is willing to fight for you and raise that settlement offer. If you’re considering filing a personal injury claim, it’s important to speak with an experienced personal injury lawyer who can advise you on the best course of action.


How Is The Settlement Amount Calculated?

The settlement amount in a personal injury claim is usually calculated based on a number of factors, including:

– The severity of the injuries

– The medical expenses incurred as a result of the injuries

– The lost wages due to the injuries

– The pain and suffering caused by the injuries

– The length of time it will take for the victim to recover from the injuries

– Any other damages that may have been caused by the accident

Your personal injury lawyer will use all of this information to calculate a fair settlement amount for you. Again, insurance companies are incentivized to offer victims a lower settlement amount than what they deserve, so it’s important to have an attorney who isn’t afraid to go up against them and their legal team.


What Percentage Do Most Personal Injury Lawyers Take?

Most personal injury lawyers take a percentage of the settlement amount as their fee when they win or secure a settlement for their client. This percentage can vary depending on the lawyer’s experience and ancillary fees charged, but it’s typically in the range of 25-40%. Because the lawyer is paid from the outcome or your case, you shouldn’t have to pay any legal fees unless your lawyer is able to win or successfully negotiate a settlement on your behalf.



Personal injury claims can be confusing, especially if you’ve never been through the process before. We’ve answered some of the most common questions people have about personal injury cases above.  If you still have questions after reading this article, please don’t hesitate to contact a personal injury lawyer who can answer your specific questions and help guide you through the process.


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