If you, or a family member, have been injured in an accident for which someone else was to blame, you may be wondering how to go about recovering the costs of the injuries and any lost income. A personal injury attorney will certainly be able to give you some advice and if he or she thinks your case has a chance of success, you may decide to use the attorney to help pursue your case more effectively than you could by yourself.
Do You Really Need to Go to Court at All?
Every accident is unique and every personal injury situation is unique too. You may find, if you are fortunate, that whoever caused your accident is more than happy to compensate you for any injuries that you have received, but often the stumbling block is the insurance company. Most insurance companies rarely pay out in personal injury cases unless they have no other choice.
On the positive side is the fact that many, if not most, personal injury claims are normally eventually settled out of court. In the end, this is cheaper for the defendant as well as the plaintiff.
If you have little experience of negotiating with insurance companies and are not yet ready to seek the assistance of an attorney, you may find that an insurance company offers you a lower than desirable sum in the hope that you give up trying to seek a more realistic sum because it seems too difficult.
If you do not get a satisfactory response from the party at fault and think you have a good case for making a claim, then you should consider taking the next step which is to take the case to court. The type of court you choose depends on what you are asking for as compensation and the amount involved.
Civil Court or Small Claims Court?
The most likely choice of court for a personal injury claim is a small claims court or regular civil court. There are advantages and disadvantages of both, so you should make an informed choice made after weighing up your circumstances and needs.
In both courts, you will still need to provide sufficient convincing evidence that:
- You had an accident which caused an injury or injuries;
- The accident was caused by a negligent act by the party you have identified;
- You are able to prove that the defendant’s unreasonable behavior was responsible for your injury(ies).
The Small Claims Court
The small claims court is used when the amount requested is relatively low and only involves claiming for injuries and not property damage. The maximum amount may be determined by the state or, more often than not, by the county you seek to claim in. This maximum amount may be anywhere from $1,000 to $5,000.
The small claims court has certain advantages over using a normal civil court. Court fees are less while the process is faster and simpler and if you choose not to use an attorney, you don’t have to, although you may still find that their opinion and advice is still worthwhile.
The Regular Civil Court
This is the court that you would choose if your compensation claim was substantial. You may find that if there is no favorable response from the defendant and you need the money, you have no other choice than take the case to the regular civil court rather than a small claims court.
As with any other personal injury claim, you will need to be sure of your facts and that you have sufficient evidence to back up your claim. If you are in this situation, you are much more likely to choose an experienced personal injury attorney who will have dealt with many cases like yours and will be able to represent you much more effectively than trying to do it all by yourself.
