How To Be Compensated For An Injury Without Filing Suit
For those suffering from injuries that were caused by another person's (or company's) negligence, the first response is normally, "Should I sue?" In some cases, filing suit is the only method to get compensated for the other parties' negligence, but you should know that there are alternatives that are less costly and time-consuming than filing suit and taking your case to court. To learn more about how to get compensated from an injury without taking the other party to court, read on.
Give Notice and Demand Compensation
There are very few methods available that could trigger an offer of money damages that are more effective than a well-crafted demand letter. Even if you really have no intention of actually filing suit, the demand letter allows you to lay out pertinent facts surrounding your accident and put the offending party on notice that if your demands are not met, a lawsuit could follow. A comprehensive demand letter should include the following:
- A full description of the accident.
- The reason the other party was at fault.
- Witnesses and a summary of what they saw.
- Physical evidence, such as police or accident reports, photographs and videos.
- A summary of your physical injuries, medical expenses and an estimate of any future medical costs.
- A summary of other ways the accident has affected you and your family, such as emotional problems (PTSD, anxiety, depression, etc).
- Missed wages and business opportunities due the accident.
- The amount you are asking for in money damages. Adjust this amount slightly higher to allow room for negotiations.
- The resulting action you will take if the demands are not met, such as filing suit.
Claim and Complain
If your injury was work-related, you are very likely covered by workers' compensation insurance. Using your employer's workers' compensation plan gives you quick access to medical expenses and an immediate method of recouping a portion of your lost wages. It does, however, lack a major component of injury compensation: pain and suffering. Some states offer vocational rehabilitation for those who are unable to return to their previous position. In serious and permanent injury cases, you could receive workers' compensation for life.
For injuries occurring at a place of business, make sure you fill out an accident or injury report right away. Businesses will frequently make offers of compensation, sometimes immediately. Contacting a personal injury attorney can sometimes help speed offers of compensation.
As you can see, filing suit is not always necessary to get compensated, however utilizing the expertise of a personal injury attorney may be an important component to successful settlement offers without needing to ever step foot inside a courtroom.