Someone else’s choices led to your injuries, but you are not without power in this situation. As the victim of an injury accident, you choose how to respond to your physical, emotional, and financial injuries. To make the most informed decision, you need to know the range of options available to you.
4 Things You Can Do Following a Personal Injury Accident
If you suffer losses because of the careless actions of another individual or entity, you can do any of the following four things. Because the Pennsylvania statute of limitations for personal injury claims is two years, you may have the ability to pursue multiple courses of action if you act quickly:
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Take No Action Against the Other Party
There is no requirement to exercise your legal rights if you choose not to do so. Following a minor accident that causes only minimal damage or loss, you might decide not to take any further action. If you elect this option, you will pay for any damages or losses out of your pocket.
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Reach an Informal Settlement
You and the negligent party could agree to settle any future claim on the spot by accepting a cash or check payment from that person. For example, the driver who caused your car wreck may offer you $500 immediately if you do not file a claim against them.
If you accept the payment offered, this is a binding agreement. If you later discover that the amount you accepted is not enough, you might not be able to receive more.
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Settle the Case After Filing a Claim
Your next option is to file a claim against the negligent party, but then seek a settlement. If the other party is insured and you are not seeking more in compensation than the policy limits, this might be an attractive option to consider.
Through a settlement, you avoid the uncertainty and expense of a trial while still recovering a more appropriate amount of money for your injuries.
Note that if you are hurt in a car accident, you might be limited to filing a claim against your own personal injury protection (PIP) policy.
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Take Your Claim to Trial
If you cannot settle after filing a claim, you will need to take your case to trial if you want to recover any compensation.
At trial, you must prove the other person acted negligently and thereby caused both the accident and your injuries. If you do so, a judge or jury will decide the amount of compensation you should receive.
Consult With Counsel About the Best Option for You
You are not able to exercise all of these options following an injury accident. For example, if you informally settle your claim, you cannot file a claim and take it to trial. However, you could file a claim and take it to trial after first attempting to settle it.
Before deciding on the course of action, consider speaking with an experienced Pennsylvania personal injury lawyer. A skilled attorney’s analysis can help you understand the benefits and drawbacks of the various ways you can respond to an accident.
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