Seeking compensatory relief for the injuries that you suffer can be a tiresome task. The first step is to decide whether you should negotiate a claim with your insurance company or you should seek legal help and file a lawsuit. Here’s all that you need to start your quest.
In most of the cases, where such dilemmatic situations arise, the injury caused is either due to another person or a group of individuals. The obvious reason behind your dilemma is your right for compensatory relief for all your loss and suffering. But is it the claim or the lawsuit that is best suitable for your case?
Claim v/s Lawsuit
Let’s start with the damages that you may have suffered due to your injury:
- The cost of medication
- Rehabilitation or therapy expenditures
- Loss of income or wages due to the injury
- Miscellaneous expenses including damaged belongings, uninsured medical expenses, expenses for hiring an attorney, etc.
All of these expenses can affect the compensation you receive.
Filing A Claim
Filing a claim is essentially between you and an insurance company. Depending upon your case, you need to understand whether you should file the claim with your own insurer or the insurance company of the at-fault party. In most cases, where the injury is caused due to someone else’s negligence or intent, the claim is to be filed with their insurance company.
The process of filing a claim is a series of negotiations between you or your attorney and the insurer. In the end, the compensation that you’d receive is a mutually agreeable amount between you and the insurance company.
You don’t necessarily need an attorney when filing an insurance claim. According to a good lawyer in Mississauga, having an attorney on your side can help you receive the rightful compensation for your loss and suffering. Therefore, you should consult an experienced lawyer.
An experienced lawyer can help you with the proper claim filing procedure so that you don’t miss out on a suitable compensatory relief.
In case, your claim is rested unresolved, or you are not satisfied with the compensation you receive, the next step is to look out for a lawsuit.
Filing A Lawsuit
It is mandatory to mention that filing a lawsuit is a cumbersome process, and it should only be sought as a resolution in case your claim does not reach the desired compromise. You will need an attorney that has extensive experience in handling and winning personal injury claims.
To begin with your lawsuit filing procedure, the very first thing is presenting your attorney with all the facts and details of your case. You need to be honest with your attorney. Unless your lawyer has intrinsic details of your case, your claim is always at risk of going down the drain. And you wouldn’t want that.
Then there are various necessities that need to be fulfilled when you file a lawsuit. These include evidence, the statute of limitations, filing summons and disclosures. Your lawyer will help you through all of these. Moreover, a good lawyer will begin with their own investigation to make sure that no stone is left unturned. They will consult with the witnesses, verify the evidence, and compile the necessary paperwork in the precise order for you.
Let us give you a brief about some of these limitations and factors that you need to consider when you decide to file a lawsuit.
- You need to check and comply with the statute of limitations. These are the laws confining time limitations, laid by the local authorities, for filing any claim or a lawsuit in the event of an uncertain injury that is caused due to a person’s or an organization’s negligence or intent.
- You will need to undergo the discovery and mediation phases before the trials begin in the courtroom. An official declaration is sent in hard-copy to the at-fault party on your behalf to inform them that they are being held responsible for your losses and suffering in the court of law. Further to which you and the defendant may also try an out-of-the-court settlement.
There is yet another way out. You can opt for arbitration prior to filing a lawsuit, in case the claim negotiations have failed. An arbiter, or sometimes called arbitrator, is invited to resolve and pass a decision on the matter. Unlike a lawsuit, arbitration is less costly and takes less time.
It is advised best, that you look for other options before filing a lawsuit. Unless or until there is no mutual agreement between the plaintiff and the defendant, filing a lawsuit should be avoided.
Thank you,
Glenda, Charlie and David Cates
