“He clothes his hands with lightning and commands it to strike its mark.” Job 36:32
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You’ve likely at some point been driving around and noticed advertisements for various personal injury attorneys. In some, you might see text stating how much money clients have won in cases. What exactly are they referring to and how does it happen? These ads are referring to compensation, which is the key and main desired outcome of a personal injury case.
While some of those advertisements specifically promote extremely large sums that are likely not typical, parties who have been injured and have sufficient evidence often do receive compensation to cover their related financial loss and suffering. Learn more about what compensation is and how attorneys fight for it below.
The demand letter
The first step in winning your compensation begins with issuing a demand letter. After you’ve consulted with an experienced personal injury attorney and decide to move forward, your attorney will then send a demand letter to the defendant and their insurance company. This is crucial and will include information about everything you’ve recorded, such as medical bills, lost wages, receipts or any other financial burdens you may have experienced as a result of the injury and negligence. In the letter, there is also usually a time limit given for the other party to respond.
If a settlement can’t be reached from the demand letter, then typically a lawsuit is filed. At this point, both parties usually work toward a settlement. If one cannot be agreed upon, the case goes to trial. As a separate note, it’s important to go with an attorney who has experience in your specific case and will know what to look for during discovery.
Types of compensation
When it comes to compensation, there are essentially two different types. These are compensatory and punitive damages. Compensatory directly relates to the evidence presented by the plaintiff in regards to the financial loss due to the injury, and it can also include emotional distress. Punitive damages, like the name suggests, have to do directly with punishing the alleged negligent party. Punitive damages are awarded less frequently than compensatory.
How compensation is received
If the case does end up being settled outside of court and both parties agree on an amount, then the at-fault party’s insurance company will typically issue a check to your attorney. At this point, your attorney would deposit the amount into a trust account and collect their legal fee. Once that fee is withdrawn, you would receive a check from your attorney.
Get in touch with Brooke Boltz today
After an accident or injury, you’re likely feeling lost and unsure of what to do next. This is the time to consult an experienced personal injury attorney who knows the nuances of your case and will help win the compensation you deserve. Brooke Boltz is a seasoned, passionate personal injury attorney in Orlando who is happy to speak with you about your case. If you’ve been in an accident, schedule your free phone consultation with Brooke today.