The process of filing and arguing a personal injury claim is full of challenges—from legal issue to psychological challenges.
Sustaining a personal injury by itself means that you will experience significant physical and emotional suffering on top of the medical expenses you will incur when treating these personal injuries.
Nevertheless, the monetary compensation you will receive in a successful personal injury lawsuit will help ease the financial burden and probably take you back to the initial position you were in (financially) before sustaining the personal injuries.
However, before you the court rewards you any compensation money, you must prove the defendant’s negligence and follow a very technical process that requires a significant understanding of the law.
In this article, we will discuss some of the common challenges you are likely to encounter when making a personal injury claim. We will also offer proven suggestions that will hopefully help you overcome these challenges.
Navigating the Legal Process
Most people are unfamiliar with the working principles, language, and regulations of the law. The lawyers invest significant periods learning and practicing the law before they become experts.
However, the legal process may prove challenging for most people intending to file personal accident lawsuits (especially without a personal injury attorney).
Considering the limited understanding of the law, the pain and suffering from personal injuries, and the long process involved when filing a personal injury lawsuit, you will have a limited chance of receiving any compensation if your case is not dismissed on technicality basis.
As such, you need to talk to a top personal injury attorney in Michigan who clearly understands the law, and has worked on similar cases before.
You can now focus on getting better as your expert personal injury attorney does all the legal heavy-lifting on your behalf.
Mitigating Costs
Lack of mitigation is a common defense argument the opposing attorney may raise to try and reduce the compensatory amount your personal accident attorney is demanding.
Cost mitigation is any deliberate and reasonable actions you are taking to minimize the losses and damages, such as seeking treatment for your injuries.
The court is guided by reasonableness when determining the amount of compensation you are to receive. For example, failure to seek therapeutic services can make your injuries worse. The court may not award you any compensation for further injuries you sustain due to your unwillingness to mitigate damages.
It is your responsibility to take deliberate actions to help mitigate losses and damages.
Financial and Emotional Hardships
Personal injuries can at times lead to lost wages, as a result of the inability to work. Additionally, the financial burdens inflicted by medical bills can cause tremendous financial hardships.
The pain and suffering caused by personal injuries, on the other hand, lead to emotional burdens that delay the plaintiff’s recovery process.
Financial and emotional hardships render the plaintiff desperate and willing to settle for any compensatory amounts.
Therefore, it would be best to work with a top personal injury attorney who will only settle after successfully getting you substantial monetary compensation.
Shared Liability
One of the most challenging situation that can happen to a plaintiff is facing a shared liability situation.
Inherently, a shared liability situation is where more than one party is responsible for the event that contributed to the plaintiff’s personal injuries.
The process of determining and proving fault (as the law requires) is one that can take a significant period of time, thereby prolonging the trial time.
As a result, the plaintiff suffers more emotional, psychological, and physical pain especially if they are depending on the compensation money for treatment.
Your lawyer will work with renowned expert witnesses who have accumulated years of working experience in law enforcement to provide critical insights that may prompt a timely verdict.
Calculating Pain and Suffering
Calculating the amount of money your pain and suffering is worth is quite a challenging tasks. It is necessary to consider the extent and severity of your personal injuries before you can assign a monetary value to your suffering and pain. Additionally, considering the long-lasting effects of personal injuries is crucial.
The complexity of assigning a monetary value to your suffering goes beyond the legal aspects. As such, the court will examine previous personal injury claims that are similar to your case and estimate the compensation based on the settlement amounts in those cases.
Conclusion
The problems discussed above often prolong your recovery process and create hurdles on your way to seeking justice. Thus, it is wise to seek legal consultation from a top personal injury lawyer to avoid these common challenges.
