If you are thinking about filing a personal injury claim in Dubuque, understand personal injury first. Personal injury is physical or emotional harm or damage caused to an individual because of the negligent or intentional actions of another. Negligence is when a person does not act with reasonable care and causes harm to another person. intentional actions are situations where an individual purposely causes harm. RSH Legal – Iowa Personal Injury Lawyers can help you determine if you have a valid personal injury case by assessing the circumstances surrounding your accident and injuries. Also, they can walk you through what to expect from the claim process.
Knowing the Right Time to File a Claim
Once you get injured, the clock begins to tick. Under state law, a personal injury claim must be filed within 2 years from the injury or accident date. Such a period is called the statute of limitations. Not filing within this time means losing your chance to seek compensation. Also, keep in mind that filing a claim soon means evidence has not disappeared and memories are still fresh, making it easier to collect important facts and proof to support your claim.
Evaluating Your Damages and Possible Compensation
The damages you may have incurred can be economic or non-economic damages. Economic damages are the direct costs related to your injuries like medical bills, property damage, and lost income. Meanwhile, non-economic damages cover less tangible losses such as pain and suffering, loss of life enjoyment, and emotional distress. While it is easy to calculate economic damages, non-economic damages are usually calculated based on your injuries’ severity, similar past cases, and the effect of your injuries on your life. By understanding such evaluation, you can set realistic expectations regarding possible compensation.
Negotiating with Insurers
As businesses, insurance companies do everything to reduce their payouts or avoid payouts altogether. Thus, they may make lowball settlement offers that do not reflect your claim’s true value. That is why your attorney may advise against accepting initial offers from an insurance company. Your attorney can negotiate a fair settlement with an insurer for you. This way, you can avoid making mistakes that can compromise your claim and potential compensation.
Any statements you make during negotiations can affect your claim, so it’s best to also let your attorney handle communications with the insurer. An understanding of your claim’s value according to the assessment of your damages offers a solid ground for settlement negotiations. This can help you and your attorney navigate such a complex process effectively.
