Personal injury claims may arise out of various accidents, including car crashes, slip and falls, dog bites, medical malpractice, and product liability, among others. If you have suffered bodily harm due to the negligence of someone else, you might be eligible to file a personal injury claim against the responsible party. A personal injury claim seeks compensation for various damages incurred, such as medical bills, lost wages, pain and suffering, and more. However, filing a personal injury claim demands knowledge of the legal process involved. This article aims to explain the process for filing a personal injury claim in detail.
1. Seek medical treatment
The first step in filing a personal injury claim is seeking medical attention. Even if you feel alright after the accident, it is vital to receive medical treatment as it will create a medical record that will aid in your claim. The medical record will detail the extent of your injuries and the treatment required, which could be used to prove damages in your case. If you are hesitant to seek medical care due to financial difficulties, do not worry, as your medical expenses will be covered in your claim.
2. Contact an attorney
After receiving medical treatment, it is important to seek the services of a skilled personal injury attorney. The attorney will provide critical guidance on how to proceed with the case, identify and gather evidence, negotiate with insurance companies and represent you in court if necessary. Hiring an attorney is important because they are well-versed in personal injury law and can maximize the potential value of your claim.
3. Investigation and Evidence Gathering
The attorney will then begin to investigate and gather evidence to support the claim. The evidence collected will help validate the extent of the injuries and prove the other party’s fault. Evidence might include medical records, witness statements, accident reports, photographs, and more. Gathering evidence should be done promptly as it tends to deteriorate with time.
4. Filing of the Claim
After gathering evidence, the attorney will send a demand letter outlining the facts of the case, injuries sustained, and the amount of compensation sought for the damages incurred. The demand letter will be sent to the responsible party and their insurance company. In response, the insurance company may accept or deny the claim or make a counteroffer.
5. Settlement Negotiations or Lawsuit Filing
If the claim is accepted, the insurance company will settle with the plaintiff, and compensation will be paid. However, in some cases, the insurance company may deny or reduce the offer made. When this happens, lawsuit filing may be the next step. Lawsuits generally result in higher settlements than what is typically offered in settlements, and it gives the plaintiff more control over the outcome of the case. Furthermore, filing a lawsuit can pressure the insurance companies to offer a fair and just settlement.
6. Trial and Judgment
If a lawsuit is filed, the case will be taken to court where both parties (plaintiff and defendant) will argue their stance before a judge or a jury. The plaintiff will argue that the defendant was negligent and that their negligence caused the plaintiff to suffer injuries and damages. The defendant, on the other hand, will argue that they were not at fault, and the plaintiff’s injuries were not as grave as they claim. After hearing both sides, the judge or jury will deliver their judgment. A judgment in favor of the plaintiff will mean that the defendant is liable for the damages sought and has to compensate the plaintiff accordingly.
7. Appeal
If the judgment does not favor them, the defendant may appeal the verdict or seek a retrial. An appeal can prolong the legal process, and it might be costlier to the plaintiff, so it is important to discuss the possibility of appeal with your attorney.
In conclusion, the process of filing a personal injury claim might be prolonged and complicated, but hiring an experienced personal injury lawyer can make the process easier and more effective. The above steps are the standard legal process for filing a personal injury claim. While every case is different, this knowledge equips you with an understanding of what to expect in the claims process. Remember to act fast, gather as much evidence as possible, and seek professional help to maximize your settlement.
