What You Need to Know About Filing a Personal Injury Claim
The filing of a personal injury claim can be complicated. The process is still manageable with the help of an experienced attorney knowledgeable about wrongful death and personal injury lawsuits.
When you must file a lawsuit, the statute of limitations is strict, so bear that in mind first. It could significantly affect your case.
Contact an Attorney
Although you may be able to handle your claim without an attorney, hiring a lawyer is often necessary to receive the compensation you deserve. When you try to deal with insurance companies on your own, you frequently end up with settlements that are significantly less than what your injuries are worth.
A knowledgeable personal injury attorney will examine your case to determine guilt and damages. You can click here to learn more about how to contact a lawyer. They will gather medical documents, invoices, and pay stubs indicating lost wages, get repair estimates to evaluate your property damage, and gather other pertinent evidence.
A good lawyer will also understand that a fair settlement must include compensation for non-economic damages like pain and suffering. They will evaluate your non-economic damages based on common factors and research the outcomes of similar cases.
Gather Evidence
Documenting is one of the most important things to do after an accident. A lawyer can work with you to identify evidence to support your claim, including medical records, receipts for damages, pay stubs indicating the time lost from work, and more.
Physical evidence can also help support a claim, such as torn or bloodied clothing or obstacles on a sidewalk. Witness testimony is another vital piece of information for a personal injury case.
Detailed police reports also help to prove negligence, liability, fault, and damages in a personal injury lawsuit. An attorney can work with experts, such as accident reconstructionists and medical specialists, to collect this evidence. This proof can strengthen a case to get victims the compensation they deserve.
Schedule a Consultation
Virtually all personal injury law firms offer free initial consultations. A potential client can schedule a consultation by calling the firm or submitting an online form. Generally, the lawyer will ask the potential client to bring documents or records relevant to the case, such as police reports, photographs, medical records, and communications from insurance companies.
An attorney will explain the laws related to your accident and review the viability of filing a claim or lawsuit. They will also outline legal strategies they might employ to help you recover maximum compensation for your injuries.
Being frank during the consultation is essential, as an attorney can only advise you on facts you disclose. The initial consultation will last 30 to 60 minutes.
Prepare a Complaint
Many people in an accident are still determining how long their case will take or what steps to take next. An injury attorney specializing in personal injuries can answer these questions and clarify the process.
A personal injury lawsuit starts with filing a summons and complaint in court, which outlines your allegations against the defendant. The complaint documents your injury, your losses, and what compensation you are demanding.
Detailed documentation is crucial to support your claim, including medical bills and invoices, pay stubs documenting lost wages, accurate evaluation of non-economic damages like pain and suffering, and more. Your attorney can help you compile this information and submit it to the insurance company in your demand letter. They can also negotiate with the insurance company to settle your claim.
File a Claim
Although some exceptions exist, most personal injury cases settle through negotiations with the insurance company. It’s a back-and-forth process where both parties know what the case is worth. If this fails, the matter will be taken to court.
Before this occurs, your lawyer may serve a “notice of claim” to the person responsible for your injuries and their insurance provider, declaring that you intend to file suit. Depending on the nature of the case, your lawyer will demand compensation. Documentation, invoices, and estimates for ongoing medical care, evidence of lost wages, and other losses, such as pain and suffering, are typically included. Punitive damages might be granted in some circumstances. It is only possible when gross negligence is involved in the accident or incident.
