How a personal injury lawyer can help maximize your compensation

Sep 5
17:16

2024

Viola Kailee

Viola Kailee

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Occurrence of an accident may change the life of a person in a snap. An accident may drain not only the emotions but also the finances. While it is true that compensatory damages may be awarded to the injured, the same may not be enough to actually compensate what has actually been lost. Hence, there is a need to maximize the compensation which the injured are entitled to.

In making it possible,How a personal injury lawyer can help maximize your compensation Articles a lawyer with competence and expertise in Personal Injury Law is the answer.

Understanding personal injury laws

Personal Injury Laws are laws which aim to hold a person who injured another negligently or otherwise, through their acts or omission, responsible for the effects thereof. In applying personal injuries law, the plaintiff or the party claiming compensation, must establish the negligence of the at-fault party or the defendant, and the Negligence, in its simplest sense, is the failure to observe the care which a prudent man would have performed, or which the law requires in a given circumstance, and that the negligence of the defendant is the proximate cause of the injury of the plaintiff. 

Personal Injury Law is scattered in codified statutes, as well as in case laws or jurisprudence. It may be very complex that reading it may make a non-law versed person perplexed rather than clarified. Being so, personal injury law is best understood not by reading it on its own, but by reading it in relation to other laws governing the same. 

Evidence gathering and record keeping

Claims fall if they are without basis. Therefore, it is imperative that all claims for compensation shall have both legal bases and evidentiary support. Evidence is the foundation of a meritorious case as it establishes the facts, and substantiates the claims in a case. Evidence in personal injury may include medical records, witnesses testimonies, and other documentary, testimonial, and object evidence. The substance and sufficiency of evidence dictates the success of the case. Hence, evidence in the negotiation stage and in court are of equal importance. 

Evidence gathering and record keeping, therefore, is crucial in cases of personal injury.  One who wants to seek compensation must, as soon as possible, consult with a competent personal injury lawyer, not only to guide and assist them in obtaining and in keeping the evidence and records relevant to their claim, but to effectively present the case before the other party, or the court should negotiations fail. 

Negotiating the claim with Insurance Companies

Negotiation and Litigation are painstaking, and are battles of brains and strategies. To ensure success therein, a competent personal injury lawyer shall be consulted with. A personal injury lawyer can help in the following matters:

  • Assisting in presenting claims to insurance companies, which, by their nature, are very meticulous in assessing the claims for compensation;
  • Should negotiation fails, assisting in the processes of legal proceeding through ensuring that legal documents are filed in a timely and law-compliant manner;
  • Presenting a well-established claims before the court; 
  • Presenting the evidence in a competent way; and
  • Their expertise in law and legal procedure in general, is essential in having a meritorious case.

A competent lawyer who knows how to skillfully navigate and use the law can help you obtain the maximum compensation you are entitled under the law. Know your rights, consult the right lawyers. 

Tax on Compensation

Tax generally applies to profits and income. Personal Injury Lawsuits are brought about to seek justice through awards in compensation. Compensations are awarded as repayment and reparation for the injury they suffered, or for what they have lost. Compensation, by its nature and purpose, is not a profit or an income, therefore, not subject to tax.

Need a competent Personal Injury Lawyer?

We are here for you. At Omni Injury & Accident Law., P.C., we handle your case with dedication and competence. Your matter is our matter. You are one step away from making things right. Consult with us now at 646-503-0404 or info@omnilawpc.com.