Are you considering filing a personal injury claim?
Navigating personal injury law when you’re already in pain, struggling with mounting medical bills and lost wages, can be overwhelming. As one of the 400,000 personal injury claims filed every year in the U.S., you have legal rights and options, but making the most of them is easier said than done.
The Problem:
Each type of personal injury claim has its own set of common challenges, timing issues and potential roadblocks. Knowing what to expect can be the difference between getting a fair settlement or spending months arguing over your case.
You will learn:
- The Most Common Types of Personal injury Claims
- Why Motor Vehicle Cases Are the Most Common
- Medical Malpractice: The Beast of All Claims
- Slip and Fall Claims: Deceptively Difficult
- Workplace Injury Case Issues
- Timeline Truths You Need to Know
The Most Common Types of Personal Injury Claims
Did you know…
The main causes of personal injury claims aren’t random. In fact, there’s a clear pattern to which types of accidents lead to the most lawsuits and why. Let’s take a look.
Across the country, 52% of all personal injury cases are motor vehicle accidents. That’s over one-half of all cases!
The breakdown is as follows:
- Motor vehicle accidents 52%
- Slip and fall accidents 22%
- Medical malpractice
- Workplace injury
- Product liability
Each category has its own issues and intricacies though.
Why Motor Vehicle Cases Are the Most Common
Think about it…
If you drive to work, like most people in the US, you’re sitting in your car, truck, or motorcycle for hours every week. That’s a lot of time on the road, which means vehicle accidents are bound to be the leading cause of personal injury.
Vehicle claims also aren’t as cut and dry as they may seem. Of course, there are cases where liability is obvious. If someone rips through a red light and slams into your car, it’s clear who’s at fault.
But, what if they claim the light was green? What if there were multiple vehicles involved? What if your injuries aren’t immediately apparent?
These are the typical issues with motor vehicle accident cases.
Motor vehicle claims often include:
- Percentages of fault in dispute
- Multiple insurance companies involved
- Conflicting witness statements
- Need for complex accident reconstruction
Insurance companies know these cases inside and out. They have entire teams of adjusters and lawyers whose sole job is to pay you as little money as possible, so they’re not going to make this easy. That’s why having an experienced personal injury lawyer in Escondido can make such a difference in the final outcome of your case.
Insurance companies love to point fingers. Even in cases where the fault is obvious, they will do whatever they can to shift the blame onto you or others.
Medical Malpractice: The Beast of All Claims
Medical malpractice cases are a category all their own.
In these cases, you need to prove that a medical professional violated the expected standard of care.
In theory, this should be simple, but in practice, medical malpractice is complicated.
You need expert medical testimony in order to have a chance at proving your case. You must find doctors willing to go on the stand against their peers, which can be difficult. These experts are expensive and their schedules are booked for months in advance.
The medical records in these cases are also often massive. We’re talking thousands of pages of documentation that need to be reviewed, analyzed and understood by legal and medical experts.
And, get this…
Medical malpractice cases take the longest to settle. While the average personal injury case settles in 12-14 months, malpractice claims often take 2-4 years or more to fully resolve. This is because the stakes are higher, evidence is more complex, and defendants fight these cases harder.
Slip and Fall Claims: Deceptively Difficult
Slip and fall cases can seem like a no-brainer. The property owner should’ve seen the hazard and fixed it, so why not sue them?
The thing is, property owners and their insurance companies know these claims are common. They know people will sue them. So, they fight hard to point the blame back at you.
Slippery floors are wiped up and dangerous conditions are fixed as soon as possible, which means evidence often disappears quickly.
The challenges with slip and fall claims include:
- Proving the property owner knew about the hazard
- Proving how long the dangerous condition had existed
- Overcoming assumptions of personal responsibility
- Low insurance coverage amounts
In addition, many property owners have minimal liability insurance coverage. This means that even if you win your case, there may not be enough insurance to fully compensate you.
Workspace Injury Case Issues
Workplace injuries can have unique issues, since these types of cases often involve workers’ compensation claims.
Workers’ compensation is designed to provide quick medical care and replacement of wages, but it’s often nowhere near enough to cover all the expenses and pain of an injury.
The system is also designed to prevent you from suing your employer for additional damages. So, in most cases, you’ll be limited to workers’ comp benefits.
However, there are exceptions…
If a third party caused your workplace injury, you may have a personal injury claim. For example, if you’re injured on the job by defective equipment, you might have a product liability claim against the manufacturer.
Navigating both the workers’ comp system and a possible third-party claim is complex. The timing, paperwork and strategy must be precise if you want to get the most recovery possible.
Timeline Truths You Need to Know
The last thing anybody wants to hear is “it’s going to take a while”, but the truth is, personal injury claims take time. Settling your case is rarely a fast process.
The statistics show 95% of personal injury cases settle before going to court, which is great news. Trial is costly, time consuming, and unpredictable for plaintiffs and defendants alike.
However, even settlements take time. The average case is resolved within 12-14 months, but there are always exceptions. More complex medical malpractice cases routinely take 2-4 years to fully resolve.
Factors that speed up the case process include:
- Clear liability (the fault is obvious)
- Good insurance coverage
- Insurance adjusters who are cooperative
- Strong evidence from the start
Factors that slow down the process include:
- Fault is in dispute
- The injuries are serious and require ongoing medical care
- Multiple parties are involved
- Insurance companies are difficult
Reaching “maximum medical improvement” is the key. That means getting to the point in your recovery where your condition has stabilized and your future medical needs are known.
Getting Professional Help
Personal injury law is complex, and insurance companies have entire teams of lawyers whose job it is to pay you as little as possible.
Cases that are handled by experienced personal injury lawyers have higher average settlements than cases handled by unrepresented accident victims. Insurance companies know this, which is why they often try to pressure unrepresented victims into quick settlements.
Professional legal help provides:
- Accurate case valuation
- Experienced negotiation with insurance companies
- Access to medical and accident reconstruction experts
- Familiarity with local courts and procedures
Wrapping It All Up
Personal injury claims come in many varieties, each with their own common challenges and potential complications. The more you know about motor vehicle accidents, medical malpractice cases, slip and fall claims and more, the more informed decisions you’ll make about your case.
The bottom line is that you should never go it alone. There’s too much money on the line, and insurance companies have entire teams working against you. You need a dedicated personal injury lawyer on your side, not just to help, but to fight for you.
After all, you typically only get one chance at filing your personal injury claim. Once you settle your case, that’s it – you can’t come back for more money later if your injuries end up being worse than you thought.
Take your time, seek the medical care you need, and work with a lawyer who is familiar with the common issues in your specific type of case.