The aftermath of an accident always feature a wide range of activities, including but not limited to seeking medical attention, filing a personal injury case, and negotiation for a favorable claim settlement. The need to file a claim and punish the at-fault party extends beyond receiving compensation. You need to engage an experienced personal injury lawyer to help you navigate the legal process effectively and secure fair compensation. This article explores the various ways in which filing a claim and punishing the at-fault party is important.
Reasons for Filing a Claim and Punishing the At-Fault Party
There are six main reasons why you need to file a claim and punish the at-fault party if you get involved in an accident.
1. Compensation for Damages and Losses
Accidents are often life-altering occurrences, which leave victims in financial strain in addition to physical injuries and emotional trauma. Generally, accident victims suffer economic and/or non-economic damages. Medical expenses and lost wages are the main economic damages associated with accidents. On the other hand, emotional distress, pain and suffering, and loss of quality of life are the examples of non-economic damages. A key reason why you need to file a claim is to enable you get favorable compensation from the at-fault party.
2. Legal Rights Protection
Filing a claim after an accident offers the victims the opportunity to have their legal rights protected. Most jurisdictions have statutes of limitations, which dictates the time frames within which victims must file their claim after an accident. Regardless of the severity of the injuries suffered or clear liability of the at-fault party, failure to file a claim within these strict deadlines bars the victims from seeking any compensation. Therefore, to ensure that one’s right to fair compensation is protected, timely filing of a claim is essential.
3. Legal Accountability
As a legal process, filing a claim after an accident and navigating it is an opportunity to hold the party at fault accountable. Holding a party accountable goes beyond assigning a blame; it is a way of preventing them from engaging in reckless behaviors. Individuals and companies are more likely to adhere to safety standards and follow the laid down regulations when they know that their actions will attract legal and/or financial consequences. This results in reduced risk of injuries or accidents.
4. Justice and Closure
Validating the experiences of victims by legally acknowledging that they unjustly suffered due to another person’s actions enhances the healing process. This legal acknowledgment comes in the form of justice and closure by holding the at-faulty party accountable. The only way that victims of an accident can achieve this is by filing a claim after an accident.
5. Preventive Measure
Filing a claim after suffering injuries creates a clear picture that negligent behaviors attract consequences. This has a direct impact of enforcing the standards of behavior among individuals, companies, and the community at large. For example, if a company has several workers filing personal injury claims resulting from slip and fall accidents, it will take an action to make the premise safer. This will in consequently reduce the risks of injuries or accidents, hence creating an environment that is safe for everyone.
6. Insurance Purposes
One of the key aspects that come into play with regards to filing an injury claim is insurance. It is essential for a victim (insured) to file a claim in order to activate the insurance policy benefits. In many cases, the benefits or compensation extended to the victims by insurance companies depends on the legal proceedings. Since insurance companies, like any other business entities are profit-motivated, they will try as much as possible to minimize payouts. Therefore, filing a claim and justifying it with the help of an experienced personal injury lawyer protects from exploitation by insurance companies.
Summary
The importance of filing a claim and punishing the at-fault party goes beyond securing compensation. Legal rights protection, insurance purposes, justice and closure, prevention measure, and legal accountability are some of the reasons why you should always file a claim if you ever suffer injuries caused by someone else’s negligence.
