When you’re in an accident or have been injured by someone else’s negligence, seeking compensation is in your best interests. But taking legal action is not as easy as it sounds. There are many obstacles that can make this situation a complicated one. 

Misconceptions about personal injury law are the last thing you need when you’re injured and experiencing financial hardship. That’s why you need the help of Craig Swapp & Associates for the answers you need. Learning the answer to the most frequently asked questions in personal injury cases can make your legal battle easier.

What is a personal injury?

A personal injury takes is the physical or mental harm caused by someone else’s negligence, carelessness, or intention to cause harm. When an injury happens, the law should protect you from paying out of your own pockets by allowing you to file a claim. Through your claim, you can request adequate compensation for all the damages you’ve experienced. 

The most important factor in personal injury cases is the presence of negligence and that what transpired could have been prevented by exercising the right amount of caution. To do so, you’ll need multiple pieces of evidence and knowledge of the law to avoid mistakes.

What damages are included in a personal injury settlement?

If you’re successful, meaning you were able to prove that the other party is liable for all your injuries, you may be awarded damages. This term refers to any losses or expenses you had to face because of the accident. These damages typically include both economic and non-economic damages. 

Economic damages can be easier to calculate because they have a specific monetary value. These usually include medical expenses, property damage, lost wages, and eventual future therapies and treatments you’ll have to go through in the future. You may also receive burial and funeral expenses in wrongful death claims.

Non-economic damages are more difficult to quantify, as they include your mental anguish and the pain and suffering you’ve experienced since the accident took place. Talk to your lawyer about the tools needed to calculate these claims. 

How long will it take to get my settlement?

Each personal injury case is different, and those differences can make a claim timeline difficult to predict. Your attorney will do everything in their power to work with the at-fault party and insurance adjusters in order to reach a swift resolution. Some cases can even resolve in a few weeks. 

Patience is the key to success when it comes to legal issues, and knowing how and when to act will allow you to receive the maximum amount of compensation. Trying to solve the problem too quickly means doing exactly what the insurance company wants you to do, which is to accept a lowball settlement offer.

When should I file a personal injury claim?

Personal injury claims need to comply with the statute of limitations. Failing to do so will completely destroy your chances of being compensated, as the defendant will have the power to dismiss your case by explaining that the legal deadline has passed. 

Oregon’s statute of limitations for personal injury cases is two years, but certain exceptions may apply to your claim. Talk to your lawyer about the exact time limits that apply to your case as soon as possible to give yourself and your lawyer time to take action.

Will my case go to trial?

Many personal injury cases are settled outside of court. It’s often more convenient for all parties involved, including the insurance companies, to reach an agreement and settle before the option for a trial is even considered. 

However, that doesn’t mean your case won’t go to trial. If the insurance company acts in bad faith or otherwise refuses to compensate you, we won’t accept less than what you’re due. We’re prepared to take your claim to trial and seek out the compensation you’re due. 

Can I seek compensation without a lawyer?

You can file a claim without seeking legal guidance from an experienced personal injury lawyer. But even if you’re not required by the law to do so, it would not be wise to represent yourself while you’re injured. 

Without legal experience, you may be unaware of what strategies insurance companies and the at-fault party will use to diminish your claim’s value. They may even accuse you of being responsible for what happened. Your lawyer can help you navigate accusations of fault and gather the information you need for your claim. 

Seek Answers with a Personal Injury Lawyer 

Our lawyers at Craig Swapp & Associates believe that everyone deserves to be compensated fairly, and will consider maximizing your settlement our main objective. 

Seeking answers for your claim? You can schedule your free consultation today by calling our office at 1-800-404-9000, or you can fill out our online contact form.