Don’t Stand For Trial: Getting Damages Without A Trial

Few people fail to automatically assume that suing an at-fault party is the only way to be compensated for their injuries. There are, in fact, at least two other ways that don't require anyone to set foot in a courtroom. If you can avoid that, you can also avoid spending a lot of unnecessary time and money getting what you want from the at-fault party. To find out about a few ways to ensure that you get damages without going to trial, read on.

Demand Your Compensation

There exists a simple letter that could result in getting you a settlement offer. The demand letter, which is chock full of good reasons that you should be compensated, can make quick work of getting your due. This one little letter contains the crux of a lawsuit, without having to file a lawsuit. You might think of it as giving the at-fault party an opportunity to pay you now and avoid court later. Most good demand letters are factual and to-the-point and include the following information:

  • The accident, summarized with a statement of why you believe the other party is at fault for the accident and therefore for your injuries.
  • A summation of your medical treatments, so far, including all hospitalizations, therapies, medications, surgeries, and more.
  • A dollar amount of the medical expenses incurred, so far.
  • How much time you've missed from your job and your salary.
  • A short summary of the evidence you would be exhibiting in court, should it come to that—you may mention that you have witnesses, police reports, video, photos, and more.
  • And last, but not least, the amount of money that you are "demanding" to be paid at this time to avoid taking the case to court.

File a Claim

These forms of non-trial compensation are closely related to where the accident occurred.

Workers' comp is normally available to those injured on the job or as a result of the job, and it doesn't cost you a penny. Benefits normally include full payment of your related medical expenses and the ability to stay home from your job, get better, and earn a portion of your usual pay while doing so. You should, however, be very certain that you want to file a workers' comp claim and not a personal injury claim, since in many states you cannot do both.

Business insurance will cover most mishaps that occur on a business property. Be sure to let the manager or owner know about your injury and see that a claim is filed. In some instances, you could be offered a settlement amount very quickly. Use caution and make sure that your settlement will fully compensate you for your injuries, especially if you suspect you may have a permanent injury.

To learn more, speak with a personal injury attorney, such as Doehrman Buba, and learn what route is best to take for your situation.