Although most personal injury cases are settled, you have options if unsatisfied with an insurance company’s settlement offer. You can file a lawsuit and pursue reasonable compensation in court. Your attorney will begin by getting all medical bills, documents, and information about your accident and injuries. They will also review your non-economic damages, including pain, suffering, and emotional distress.
If you find yourself in need of legal assistance for a personal injury lawsuit, don’t hesitate to contact Bengal Law. With their expertise and dedication to client advocacy, you can trust Bengal Law to provide the guidance and support you need throughout every step of the legal process. Whether you’re seeking compensation for medical expenses, lost wages, or pain and suffering, contact Bengal Law to ensure your rights are protected and your case is handled with care.
The Complaint
A formal personal injury case in Omaha begins with a legal complaint outlining the allegations and damages you seek. It is submitted to the court in Nebraska. The complaint also includes a summons delivered to the defendant(s) so they can respond within a set timeframe. An Omaha injury lawyer from Berry Law can investigate what caused your injuries, collaborating with physicians and other specialists to obtain proof of fault, liability, and causation. They will also work with your physicians to document your injuries and place a value on them, including economic damages like costs for your medical treatment and lost wages, as well as non-economic damages such as pain and suffering.
Your lawyer may be able to get you a substantial monetary award. However, before you receive the funds, the law requires that your attorney pay any companies with a legal claim to some of the money, known as lienholders, out of a particular escrow account.
The Mediation Phase
While filing a lawsuit may seem daunting, personal injury cases typically resolve outside court. Your lawyer will bargain with the insurance provider and the party responsible for your injuries. During this process, they will request a wide range of information from the other party, including medical records, witness interviews, and depositions. They will also conduct their investigation to fully understand how your accident occurred and how it has affected your life.
The mediator is a neutral third party who helps the parties settle their disagreement amicably through negotiation. The mediator will generally meet with both parties individually, in a joint session, and then in private meetings known as caucuses to discuss their positions and explore options for settlement. Although a jury cannot measure non-economic damages like pain and suffering, they are nonetheless discussed. Both parties may be willing to settle for a substantial sum during this process.
The Trial
Your lawyer will collaborate with your doctors in personal injury cases to record the extent of your injuries and how they have affected your life. Your non-economic damages, like pain and suffering, disfigurement, loss of life’s enjoyment, and mental distress, will also be carefully evaluated by them. There are different rules for personal injury cases, depending on the law in your jurisdiction and who the defendants are. For example, some accident claims are based on the idea that another person was negligent, meaning they failed to act as a reasonable and prudent person, and their actions caused an accident that led to your injuries. In other cases, you may claim gross negligence, wanton recklessness, or malice. During the litigation process, your attorney will present your case to a judge or jury, and the party who injured you (the defendant) will put on their defenses.
The Demand Letter
A demand letter is a formal letter from your attorney describing the facts of your case, the evidence that supports it, and the damages you seek. It should include a legal analysis of why the other party is liable and why their insurance company must compensate you for your losses. Once your personal injury lawyer sends the letter to the at-fault party’s insurance carrier, they will review it and may respond with a counteroffer or deny your claim altogether. They may also propose mediation to settle your dispute without filing a lawsuit.
The timeframe between sending the demand letter and reaching a settlement depends on many factors, including the size of the insurance carrier, their policies and procedures for handling claims, and their ability to review and process a large volume of documentation. Your personal injury lawyer should ask the insurance carrier for a response within a reasonable timeframe, such as 30 days.