The United States is unique among the nations of the world in its treatment of the rights of injury victims. In other countries, a victim's ability to recover damages from the party at fault for his or her injuries may be severely limited.
There are several reasons for this:
- The victim must be able to pay up front for legal representation. Many victims are simply unable to pursue their claims at all, because they can't afford the cost of an attorney.
- Even if he or she can pay for an attorney, the victim may not be able to afford one with ability or experience comparable to the responsible party's counsel.
- If the case is lost, the victim is obligated to pay both his or her own attorney fees and those incurred by the responsible party. This also discourages many people from seeking compensation they are morally entitled to.
Fortunately, the U.S. justice system treats injury victims differently. In our country, anyone, regardless of economic standing, can engage an attorney to pursue compensation for injuries.
In contrast to other nations, this is how the U.S. system works:
- You consult with a personal injury attorney, who learns the details of your case. There is no charge for this consultation.
- If the attorney determines that you have a valid case, it is pursued. Further investigation is undertaken, and your attorney negotiates on your behalf with the responsible party's insurance company -- or if necessary, with your insurance company.
- In most cases, a monetary settlement is reached with the insurance company. A portion of that settlement goes toward your attorney's fee for representing you.
- If a settlement cannot be reached, your case goes to court, where your personal injury attorney represents you. If -- and only if -- your case is won, your attorney's fee is taken from the monetary settlement.
- If your case is lost in court, your attorney does not receive any fee. You are responsible only for incidental expenses such as the cost of obtaining medical information, accident reports, court costs (if applicable) and other such expenses.
To learn more about pursuing your case, click here.
