How Personal Injury Compensation Works

Posted on behalf of Pfeifer Morgan & Stesiak

on May 30, 2018

. Updated on March 23, 2022


woman with whiplash injuryIf you were injured in an accident that was caused by another person’s negligence, you can pursue compensation for the injuries and losses you have suffered. These situations are often resolved by filing a personal injury claim with the other party’s insurer. However, if both sides cannot agree on a settlement, you may need to file a personal injury lawsuit to obtain the compensation you deserve.

A skilled South Bend personal injury attorney can assist you with the process, from filing a claim and negotiating a maximum settlement to pursuing a personal injury lawsuit. Contact us today for a free, no-obligation consultation.

Filing an Insurance Claim

When filing an insurance claim for a personal injury, experts are used to determine the value of the damages you suffered, such as:

  • Your treating physician, who can provide information regarding the severity of your injuries, treatment and prognosis
  • An accident reconstruction specialist, who can determine the factors that led to the accident
  • Civil or mechanical engineers, who may be utilized in cases involving vehicle malfunctions or geographical features that contributed to the accident

Your medical records and expenses from the accident injuries will also be considered.

Totaling the amount of your medical bills as well as an expert estimate of future medical costs will allow you to seek a settlement that fully compensates you for these expenses.

If you have missed work due to your injury, you can also seek compensation for lost wages. Your employer can verify the amount of wages you have lost and hours missed from work.

Seeking a Settlement with the Insurance Company

You may seek a settlement from the at-fault party’s insurer by sending a demand letter. Your attorney will help ensure the letter gives the insurer all the relevant information about your claim, including:

  • Details of the accident causing the injury
  • The exact amount of money you are seeking
  • Witness statements
  • Medical and other records supporting your claim

The next step is typically settlement negotiations, where our injury lawyers will attempt to reach a fair settlement with the insurance company. Even though insurance companies want to pay out the least possible amount of compensation, they often settle to avoid the extra expense of going to trial.

Settling the case is also advantageous for victims because it allows you to:

  • Avoid the legal fees of going to trial
  • Avoid a lengthy trial that could stretch on for months or years
  • Receive compensation sooner than a trial

Why Would a Lawsuit Be Filed?

If the insurance company counters your demand with a less-than-fair settlement amount and refuses to settle for a higher amount that is agreeable to you, you may need to file a personal injury lawsuit to obtain the compensation you deserve.

Your lawyer from Pfeifer, Morgan & Stesiak can manage every step of the legal process, fighting for your best interests. This includes conducting depositions where the at-fault party and other witnesses will be questioned about what happened. Your attorney will also argue your case and use evidence to support your claim and the amount of compensation you seek.

Even if your case goes to trial, you may still accept a settlement before the trial ends. Settlements are made and accepted even at the point of jury deliberations, especially in cases where one side is unsure the court will rule in its favor.

Contact a Skilled Attorney

If you have been injured in an accident caused by someone else’s negligence, the skilled personal injury attorneys of Pfeifer, Morgan & Stesiak can help you determine how to obtain the compensation you deserve. Our legal team has helped many clients recover maximum compensation for lost wages, medical expenses, and pain and suffering.

Request a free, no-obligation consultation and learn what legal options are available in your case. When working with our firm, you pay no upfront fees.

Legal fees and expenses are only paid if we are able to help you recover compensation in your case, so there is no risk to you. Contact us today to find out how we can help.

Call (574) 444-0741.

Pfeifer, Morgan & Stesiak

Serious Attorneys for Serious Cases