If you or someone you know has been involved in an accident, and that accident resulted from someone else’s negligence or misconduct, you have the right to file a claim or lawsuit against the negligent party for damages. In many cases, the process will begin with an insurance claim; however, if you question the fairness of a proposed insurance settlement (and often you should), you can contact an attorney to obtain a legal opinion.
The key to a personal injury lawsuit is establishing negligence. To establish negligence, you must prove that the other party failed to follow a particular protocol or failed in their duties as they pertained to a particular situation. As a result of that negligence, a preventable injury was sustained. Because of the injury, the injured party is entitled to compensatory damages.
If you and your attorney decide to file a claim, your attorney will begin to investigate your claim. They will read police reports and question the officers involved. They may speak with your treating medical professionals or obtain witness statements. Your attorney may speak to other professionals with areas of expertise pertaining to your case.
Often your attorney will submit a Demand Claim to the negligent party’s insurance company. The Demand Claim
outlines the situation, why their insured is at fault, and request for damages. The defendant will then consider the letter and can then:
If a counteroffer is made, you then have the option to accept or make another counteroffer until either both parties agree, or if one or both parties fail to reach an agreement, a lawsuit will then be filed, and the case will proceed to a court.
Once at the court level, a case can be settled by a mediator who attempts to get both parties to reach agreeable terms. If the mediator cannot get both parties to agree, then the case proceeds to trial.
The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service.
If you need to retain an attorney immediately, as there are court-required deadlines to meet, call us at
330-922-4491
or
contact us online to schedule you for an initial consultation immediately.
The law firm of Hoover Kacyon, LLC has one overarching goal — to fight for your cause, protect your interests, provide reasonable and prompt resolutions to your matter, and to do it all with professionalism and honor.
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Phone: 330-922-4491
Fax: 330-922-4498