The Personal Injury Claim is the best way to compensated for the harm. If you are suffered from an injury due to the another’s negligence or incompetence, so you can file a Personal Injury Claim. There are most of the things that you can file the personal injury claim for, such as Intentional torts, assault, medical malpractice, dog bites, automobile accidents, slander, and defective products.
If you are never filed a Personal Injury Claim before, so the process become very complex. Filing a personal injury claim is not very difficult, but taking the trial and error approach is not the right way to go.
In this post, we have explained how to file a Personal Injury Claim in six steps. Let’s check it out.
Step 1: Seek Treatment
First thing you should do that taking a seek medical treatment, if you get injured. Not necessary every injury has immediate effects, but it is very good and caring facility that do not avoid the need to visit a medical care even if you don’t feel any pain after the accident.
If viewed from a legal point of view getting mediacal treatment is a essential. If you skip the medical treatment then it will be a big question question for the responsible party on the severity of your injury. Not only will getting medical care help you heal and prevent an increase in the severity of the discomfort, it will also verify the sincerity of the claim.
Step 2: Hire A Personal Injury Lawyer
If you have had a minor accident and have not been injured or need to go to the hospital only once, you can claim personal injury without the involvement of a lawyer. If you need to visit the hospital for multiple times or require ongoing treatment, so you must take a personal injury attorney. This is the best way to recover the full expenditure of your treatment.
Since you don’t want to hire an attorney then you must contact one and discuss your claim. Because, there may be some requirements that you don’t know about or some limitations that you may not be familiar of.
Step 3: Inform the Liable Party
If you or your lawyer must inform the liable party, especially the individuals and their insurance provider that you are filling a personal injury claim. So that this may sometimes results in a faster settlement.
Step 4: Collect Medical Records and Other Invoices
With receiving a medical care, you must collect as much information about your injury as soon as possible. Collecting medical records and invoices from the care facility are only the beginning. But you must need speak to your doctor and learn the limit of your injury. Also, you need to find out what kind of treatment you will require and how it is long.
Also, get an estimate of how much cost you will need for your treatment, also get a quote on the repair costs of your damage vehicles or your property and keep track of lost wages. You can collect lot of information for confirm your claim, and that’s why we recommend you to hire an attorney to help.
Step 5: Negotiate a Settlement
You can ask your lawyer to ask the insurance company or the person responsible for the injury to claim compensation. This can be done before or after the lawsuit is filed. A lawyer representing the defendant may also make a settlement. Regardless of who makes the offer, you should negotiate properly and aggressively.
You just have to be more discriminating with the help you render toward other people. Only you will know how much you are willing to withdraw and the insurance company only knows how much they will invest. But neither party knows that what the other party is thinking.
The settlement is not agreed in a day. By compromise, the parties usually will reached the amount agreed upon by both parties by negotiation. If you are agree with the partie’s offer then you can accept the offer. Otherwise you could file the lawsuit and look for the compensation you need.
You need to keep in mind that there is a limit to how much you can file a personal injury claim after an incident. You will never be allowed to file a claim for that event unless you file a lawsuit within the limits set by law.
Step 6: File A Lawsuit
Most personal injury claims are settled but lawsuit is not filed. But you must have to file a lawsuit. Being familiar with the trial process can help you make better decision as well as help you to get the best compensation possible.
Here is a breakdown of the trial process:
- To initiate a lawsuit, first of all complaint about damage is filed. In this, submitted document includes your claims and the cost you are seeking as compensation.
- Next, Litigation Period. The information will exchange between the parties involved. Then you must need to give the oath regarding your injury. Means, you need to give a deposition.
- After that, the case will go for the trial. The court and the jury will be presented with the evidence.
- Finally, until the trial is not over, the jury will decided if you win in the lawsuit and the amount you will be compensated.
Hiring the right Lawyer and collecting right evidence can be the great help for getting the proper compensation, especially if you have been badly injured.