Montgomery County Injury Lawyer Explains Determining Compensation From An Accident
If you’ve been injured in an automobile accident in Montgomery County, the manner in which you are compensated is determined either by a settlement with the insurance company of the individual who caused the injuries and/or going to court and filing a lawsuit against the individual. If you go the route, before you file a lawsuit, what you want to do is retain someone, preferably an experienced Montgomery County Injury Lawyer, who has knowledge of how to present the case to the insurance company. They deal with this every day and they will take advantage of you if you’re not represented because they know the value of the cases and they know how to negotiate and they’re professionals at it.
When you first go the step of making the claim, you want to gather all your medical information, the records, your test results, your MRIs, anything the doctor has determined medically necessary for you to secure a cure or a remedy to make your neck, back, or other injury resolved. At that point in time once you get all those results and those test reports, then you forward them on to the insurer and say this is what I think my case is worth based upon these medical records. You basically provide to them a demand. “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 litigation. If the case is worth $50,000 or less, there is an arbitration process in most of the five counties surrounding Philadelphia. That is you will go to an arbitration panel that will determine this is the value of the case based upon testimony and the medical reports. You don’t have to produce doctors or any other expert witnesses at these arbitrations because they try to do these processes in the least manner of expense because of the value of the case being less than $50,000.
If the case has a value in excess of $50,000, you have the opportunity to go a jury trial or a non-jury trial, which would be by a judge. At that point in time you then end up in the court room testifying. It’s a much more formal process than the arbitration process. You testify as to your injuries, bring all the witnesses in that you believe lead to and support your case such as on liability. You will be required to bring in your doctors. They will all be presented to the jury. The other side will have the opportunity to cross examine those witnesses and provide an alternative story if you will. If the case cannot be resolved during the course of a trial, then 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 what the number is.
Were you or a loved one seriously injured in Pennsylvania? Contact experienced Montgomery County Injury Lawyer Walter J. Timby for dedicated representation.