Injured and don’t know who is at fault?
Car accidents, even minor ones, are very stressful, but especially those that involve some type of injury. After the accident, you’ll find yourself faced with many issues such as determining liability or who is at fault, payment for medical bills that you’ve incurred, reimbursement for loss wages, property damage to you vehicle, and much more.
If you’ve been involved in an accident that has resulted in serious personal injury, you should always enlist the services of a personal injury attorney. Experienced personal injury attorneys can assist in your case by:
- Processing paperwork, meeting deadlines, and statute of limitations
- Working with investigators to gather evidence towards determining liability
- Communicating with attorneys of the insurance companies involved in the case
- Exploring out of court alternatives such as mediation and arbitration
While the majority of personal injury cases are settled through mediation and arbitration, there are situations in which the amount of compensation offered through a negotiated settlement is not enough to compensate you for your physical, mental, and emotional suffering. In that case, your personal injury attorney will recommend initiating a lawsuit. The question then becomes who to sue?
Personal suits vs. insurance claims
After an accident involving serious injuries, there are two different options by which you can obtain compensation for your injuries and other losses. The first option is to file a personal injury insurance claim in order to negotiate a settlement with the insurance company. Depending upon the type of accident in which you were involved, the claim may be based on your own insurance policy or that of the other driver(s) involved.
Filing a personal injury lawsuit is another option if your attorney was not able to reach a settlement agreement with the insurance company’s adjuster, if the total value of your injuries and losses exceeds the policy limit that’s applicable to your claim, or, in cases involving serious or catastrophic injuries, there is no other option to getting adequate and fair compensation for your injuries.
It’s in your best interest to hire an experienced personal injury attorney who can advise you on the best course of action to take and, if warranted, who to sue in your personal injury case.
Becoming whole again
The intent of a personal injury settlement or lawsuit is to make the victim “whole” again — able to lead a life that is as “normal” as possible under the circumstances.
Greg Yates and Michael Shubeck, personal injury attorneys in Rapid City, SD, have more than 40 years of combined experienced litigating personal injury cases, winning numerous cases through negotiated settlements, awards, and jury verdicts.
Mr. Yates and Mr. Shubeck are very knowledgeable when it comes to South Dakota laws as they apply to personal injury cases as well as all of the particulars of insurance coverage in South Dakota. You can feel confident that they know when to initiate a lawsuit and who to sue.
Contact our Rapid City law office today to set up your free consultation.