Posted by The weeks following an injury can be stressful. You may be left dealing with medical treatment, lost wages, or recovering from your injuries. However, understanding the personal injury claim process can make things easier for you and your family.
While it seems complicated, the process can be easy with the help of a personal injury claims attorney. However, before filing your claim, it is helpful to understand the process step by step so that you know what to expect at each stage.
Understand the Personal Injury Claim
A personal injury claim is a formal process through which an injured person seeks compensation for injuries caused by another party’s negligence. Many personal injury claims are typically settled before they can go to trial.
Ultimately, winning a settlement is determined by the lawyer representing you. The more experienced your attorney, the higher your chances of receiving a fair settlement.
The Process of a Personal Injury Claim
Depending on the seriousness of your injuries, the claim process can take several steps. Once the process starts, you should receive regular updates. Some steps might also require your assistance before moving forward.
1. Seek Medical Treatment
Immediately you are hurt, the most important step is to seek medical treatment. A full examination may reveal internal injuries even if you do not experience any pain or discomfort. It is also not uncommon for symptoms to start showing a few days after you are injured.
Another reason to seek medical treatment immediately after an accident is that it supports your claim for compensation.
If you do not seek treatment, it could potentially hurt your claim, and the insurance company can use it against you to invalidate your claim for compensation.
2. Determining Responsibility
This stage usually involves determining who is responsible for your injuries. While it is not always clear who is the negligent party, determining who is responsible will let your lawyer know where to direct your demand for compensation.
For instance, if you were injured at work, it does not automatically make your employer responsible for the claim. The accident may have been caused by defective equipment, which makes it the manufacturer’s responsibility.
In most cases, your claim will be directed toward the insurance company representing the at-fault party. Your attorney will need your help to identify the at-fault party as they conduct their investigation.
3. Calculate Your Compensation
Once you have determined who is responsible, your lawyer will help you calculate how much you should claim as compensation. Your compensation is determined by several factors, including:
- Your injuries
- Cost of medical treatment, rehabilitation
- Travel costs to medical treatments
- Lost income
- Adaptive equipment such as prosthetics, wheelchairs
- Home adaptations as a result of permanent disability
- Care costs
- Future medical treatments
- Property damage
Your compensation should factor in current costs as well as future estimates. You must provide receipts for costs already incurred and proof of lost wages.
4. Demand Letter
This letter contains details of your personal injury claim and demands compensation. In the demand letter, your attorney might include the following:
- The police report
- Pictures of your injuries
- Photos of damaged property
- Estimates of property or vehicle damage
- Medical bills
- Treatment records
- Receipts for any extra costs incurred out of pocket
- Documentation of lost income
Your personal injury lawyer should allow you to review the demand letter to ensure it comprehensively captures the full scope of damages you have suffered. The demand letter is then sent to the insurance company representing the at-fault party for review and evaluation.
5. Negotiating a Settlement
Before filing a suit, your lawyer will negotiate a settlement with the responsible party or their insurer. Remember, insurance companies are businesses and will try to offer the least compensation.
They may make an initial offer that will typically be less than fair. An experienced lawyer can handle negotiations and even suggest fair compensation.
At this stage, your lawyer and the insurance company might make several offers and counter-offers before they can come to an agreement.
If the negotiations reach a settlement that you and your lawyer are satisfied with, you can accept the offer. However, if you are unable to come to an agreement, you can choose to file a lawsuit.
6. Filing a Lawsuit
It is important to note that each state has a statute of limitations. This is the time limit within which you can file your claim. Once the window has passed, you may not be able to submit a claim for compensation or file a suit.
Many personal injury claims do not make it to trial. However, your lawyer will represent you in court if a lawsuit is necessary. The process involves:
- Complaint: Submit your complaint to the court, including your claim and demand for compensation. The complaint is a legal document that identifies your legal and factual basis for the suit. Once you submit the complaint, it is then served to the defendant.
- Litigation: Litigation involves exchanging information with the defendant’s lawyers. You may be required to testify about your injuries. This information is used at trial.
- Trial: The evidence is presented in court, and the jury is asked to weigh the facts using relevant evidence. A trial can last up to several days.
- Reparations: Contrary to popular belief, the judge does not decide how much you will receive in compensation. Unless you had a bench trial, the jury determines how much you receive in compensation if your lawsuit is successful.
Summary
Although the process of a personal injury claim can seem complex, an experienced lawyer can help you navigate it with ease. Preparing yourself mentally and understanding the process can also make it less nerve-wracking and ease your recovery.
If you have suffered injury or damages due to negligence, it is only fair to seek justice and get fair compensation. The good news is that you do not have to pay any fees upfront. With medical bills and expenses piling up, the last thing you need is to add legal fees to your burden.
Most personal injury attorney lawyers charge a contingency fee, meaning they get paid when you get compensation. Contact an experienced personal attorney injury lawyer today to get legal advice.