Filing a claim for spinal injury such as herniated or bulge disc is not as easy as some people may think. It involves a lot of processes that might be difficult to deal with, especially if the case is complicated. Seeking compensation for minor injuries caused by simple accidents like a fender bender can be quite easy. But handling a complex litigation case in which you or someone you know sustained a serious and life-changing spinal injury is a different thing. There are several challenges you will face once you decide to file a case and you must be fully prepared for them.
Below are some obstacles and challenges you might have to deal with when filing a claim for a bulging or herniated disc, as well as other personal injuries.
Just because you sustained an injury due to an accident does not mean you are automatically eligible for compensation. Before filing a claim, you have to determine first whether you qualify for compensation or not. In most cases, you will be eligible if you can prove that the accident is caused not by you but by another party, which can be a company or an individual. Determining your eligibility can be a challenge because you will have to gather proof of who is responsible for the accident.
Dealing With Insurance Company/Responsible Party
If you are handling the claim yourself, then it is inevitable to directly communicate with an insurance company or the lawyer representing the at-fault party. This can be tough because they will always try to convince you to agree to a settlement early on in the process. Worse, they might offer you reimbursement that is not enough to cover the damages the accident has caused. Negotiating with the at-fault party’s insurance company will be difficult, unless you are familiar with filing a lawsuit if negotiations break down.
Given this, it is advisable to get a lawyer who is an expert in the kind of case you have. With a lawyer, you can be excused from having to personally deal with insurance companies or anyone from the at-fault party. It is imperative that you are reimbursed for your all your losses stemming from the incident.
Hiring A Lawyer
It is highly recommended to get legal advice and representation, however, hiring a lawyer can also be a challenge. The challenge for you here is to look for a lawyer that can best handle your case. There are several ways of finding a lawyer. You can turn to the Internet, as there are plenty of websites offering lists of personal injury lawyers in your area. Friends and family are often the best source as well. Whichever method you use to find an attorney, it is important you meet with him/her and feel comfortable.
You will have to set up a meeting with the lawyer you are considering and evaluate him/her. There are qualities to look for a injury lawyer, as well as qualities to avoid. Be sure to get a lawyer who is skilled and experienced in handling personal injury cases. Also, get a lawyer who you can fully trust and who really understands what you are going through. Avoid unlicensed lawyers and make sure your attorney carries malpractice insurance.
Usually, your personal injury lawyer and the at-fault party’s insurance company will try to reach a settlement agreement so as to avoid going to trial, which can take years depending on the case’s complexity. During a settlement, challenges such as disagreement can take place. You and the other party might be unable to meet halfway or no one might want to compromise and back down. When this happens, a settlement will not be reached and the case will probably be taken to trial.
It is important to remember that large insurance companies make profits into the billions of dollars each year. This is achieved by collecting more in premiums that the company pays out in claims. It is important to remember that the insurance company has a different interest in this matter than you. Consult with a Missouri personal injury lawyer to ensure you are receiving the full reimbursement you deserve.
When you go to trial, another set of challenges will be thrown at you. Keep in mind that the process of a trial can be long and exhausting. You will need patience in this and your lawyer should be capable and diligent enough to see the case through. In a trial, every aspect of the case will be studied and evaluated. The cause of the accident, the scope of the injury and the compensation you truly deserve will be determined through witnesses and evidence. The at-fault party will also use their resources to build up their case and when they find something that can work against you, it can be a problem for you. You should also be prepared for defensive tactics that the other party will use in order to win their case. For these reasons and more, make sure the attorney you hire has experience in a courtroom.
These are only some of the challenges you might face when filing a personal injury case. While they can seem discouraging, they are required if you wish to receive reimbursement for your injury. Sustaining a serious spinal injury like a herniated disc is not a simple thing. It can have a lot of bearing in your life. You might have to put off your career and other personal matters because of the injury caused by another party’s careless mistake.
For more information about spinal injury cases, contact Missouri personal injury lawyer Chris Dixon at 314.409.7060.