Fighting to Hold Liable Parties Financially Responsible for Your Injuries

In a perfect world, no one would have to worry about being injured due to someone else’s fault. Unfortunately, it’s not a perfect world we live in. People are injured every day due to the negligent, reckless, and illegal actions of others. If you or a loved one have suffered such a fate, it’s important to understand that you have rights. Unfortunately, exercising these rights can be difficult when you combine hurdles in legal action with an uncooperative liable party and insurance adjuster. This is why working with personal injury lawyers may be in your best interest.

At Chad Brown Law, PLLC, our team of legal professionals works hard to collect every penny our clients deserve. In some instances, this can be done by negotiating with the insurance carrier for a fair settlement. In other situations, it may be necessary to go to court and fight for fair compensation in an injury case. Regardless of the underlying circumstances, you have legal rights that our personal injury attorneys are ready to protect. Contact us today to schedule your free consultation.

Are You Entitled to Compensation?

Before filing a personal injury case, it’s important to understand whether you’re entitled to compensation. Insurance companies will typically base their settlement offers on the strength of any potential litigation. When it’s clear that an injured party is likely to succeed in court, it’s more likely that insurers will offer a fair settlement. It all comes down to proving liability in the case. When a case ends up in court, this requires that three separate elements be established.

These include:

Duty of Care

A duty of care is a responsibility that a person has to avoid actions which could harm others. For instance, all drivers have a duty of care to protect others on the road. Similarly, store owners have a duty to provide a safe shopping environment for customers. Most people have some duty of care in their daily lives — even if they don’t know it.

Violation of Duty

To establish liability, it must be proven that a violation of a duty of care occurred. For instance, speeding on the highway is violating a duty of care. That’s because it’s increasing the risk of causing a collision that could harm others. Similarly, a store owner who stacks products too high has violated their duty of care by creating an unsafe shopping environment.

Damages or Harm

Violating a duty of care isn’t enough to prove liability. After all, people violate duties of care every day by speeding on the highway — and in most cases, no one is ever harmed. To secure compensation after an accident or other injurious event, it must be shown that some type of harm (e.g., injury, monetary loss) occurred due to the other party’s violation of their duty.

If these three elements can be proven in court, there’s a high likelihood that you’re entitled to financial compensation. This can make settlement negotiations with the insurer easier, but don’t fall into the trap of thinking the insurance company is looking out for your best interests. These are private companies whose primary goal is profit. Even if the other party is clearly at fault, adjusters will likely try to pay you as little as possible. This makes having a legal team on your side imperative.

What Types of Compensation Are Available?

If you’ve been injured due to another party’s actions, you may be entitled to various forms of compensation. Keep in mind that not everyone will be eligible to recover compensation under each of these categories. It all comes down to the unique circumstances of your case. However, the following are the types of damages you may be able to recover.

Economic Damages

In most personal injury cases — even those with relatively minor injuries — some form of financial loss occurs. Perhaps you have medical expenses related to the treatment your injuries need. It’s also possible that you’ve lost wages due to a decrease in earning capacity. These losses fall under economic damages, and they’re the most common type of financial restitution available.

Non-economic Damages

Monetary losses are far from the only thing lost in personal injury cases. People often deal with emotional distress, pain and suffering, loss of enjoyment in life, and other non-economic damages. Unfortunately, insurance coverage often doesn’t take emotional suffering and similar losses into account. This is why you should have a personal injury lawyer handle settlement negotiations on your behalf.

Punitive Damages

If you’ve experienced a personal injury due to another party’s actions, you may be entitled to additional punitive damages. These damages are not linked to any specific loss on your part. Instead, they’re meant to punish the liable party for particularly egregious actions. Such damages are rare in a lawsuit, but having experienced legal representation on your side could increase your odds of securing additional compensation.

Can You Deal With the Insurance Company Alone?

If you’re harmed due to someone else’s negligence or reckless actions, you may feel that liability is clear. This could convince you that you can handle the insurance company on your own. After all, if their client is clearly at fault for the harm you suffered, how could they possibly deny fair compensation? Unfortunately, this is something that happens all too frequently.

In many cases, insurers will simply offer less than you deserve. They’ll offer to pay your hospital bills and any future medical care expenses. Still, they’ll conveniently leave out the fact that you may be entitled to additional compensation in the form of non-economic and punitive damages. Insurance adjusters may also try to convince you that you share some liability, and if they can get you to slip up, you may unknowingly admit fault and preclude yourself from getting fair compensation.

Put simply, having a personal injury attorney on your side can prove invaluable. These professionals are experienced at dealing with adjusters, so you can focus on healing while your legal team handles the heavy lifting.

Contact Our Personal Injury Law Firm Today

When someone is injured due to another party’s actions, life can get very stressful, very quickly. Dealing with medical bills, pain and suffering, necessary treatment, lost wages, and other challenges can make it difficult to see a clear way forward. This all gets even more disheartening when an injured party realizes that insurance companies are more interested in profit than in providing deserved compensation. Fortunately, you don’t have to go through this alone. A skilled attorney can assist at every step of your personal injury claim.

At Chad Brown Law, PLLC, our goal is to secure a fair personal injury settlement or court award for every client we represent. We’ve seen far too many people make common mistakes that hinder their ability to pursue compensation. This is why it’s so important to secure legal counsel at the earliest possible moment. Even if you’re worried that you’ve already made a significant mistake, it’s possible that you still have options. A personal injury lawyer at Chad Brown Law will provide a complimentary case review to help you understand your options.

Contact us today at 336-962-5373 to schedule your free consultation.