Determining Compensation After an Injury

Answer:

As a proficient Delaware County Personal Injury Lawyer, I get questions all the time from clients about injury compensation after an accident. If you’ve been injured in an automobile accident in Pennsylvania, compensation for those injuries will be determined in one of two ways. One way to pursue compensation is through a settlement with the insurance company of the responsible party. The other way is by going to court and suing the responsible party.

Retaining a personal injury attorney to help with either route is beneficial. Having the right attorney will ensure you’ve got an advocate who knows how to make your claim to the insurance company with the best chance for success.

The insurance company handles people’s claims every day. They know the value of the cases brought to them and will negotiate to achieve the lowest possible payouts to accident victims whenever possible to save money. You are dealing with professional negotiators who understand insurance claims inside and out. If you show up without a lawyer, they will try to take advantage of you.

When you first go the step of making the claim, you want to gather all your medical information, records, test results, MRIs, and anything else that relates to recovering from your neck, back, or other injury. Once you gather all those results and test reports, forward them on to the insurer and tell them:
“This is what I think my case is worth based upon these medical records.”

You are making your demand for compensation by declaring, “I think the case has a value of XYZ.”

If the case can’t be resolved before litigation, then your option is to go to court and file a lawsuit. If the value of the case is $50,000 or less, in most of the five counties that surround Philadelphia, it will likely be sent to arbitration. This involves going to arbitration panel that will determine the value of the case based upon testimony and the medical reports. You won’t need to produce doctors or any other expert witnesses, as the aim is to keep expenses as low as possible, since the to claim’s value was determined to be $50,000 or lower.

If your case is valued over $50,000, you’ll go through a jury trial or a non-jury trial. The outcome of non-jury trials is determined by a judge. This involves being in the court room and testifying, and the process is much more formal than the arbitration process.

You testify about your injuries and bring your witnesses forward to support your case. You will also be required to present your doctors to the jury to testify. During this process, the other side will have the opportunity to cross-examine those witnesses and provide an alternative story.

If the case cannot be resolved during a trial, the jury will decide what they believe to be the value of your case based upon the evidence you presented. Once they place a value on it here in Pennsylvania, unless there is some error of court or error of instruction to the jury, that number is held up as the value of your claim.

This educational blog was brought to you by experienced Personal Injury Attorney Walter J. Timby. Our law firm proudly represents clients throughout Delaware County, as well as Pennsylvania, Delaware, and New Jersey

If you have any questions about injury compensation after an accident, please contact our Delaware County Personal Injury lawyers for a free case evaluation. Let our skills work for you.