After getting injured in an accident, you need to make a personal injury claim. The aim of a personal injury claim is to receive damages as compensation from the entity or person responsible for the causation accident. When it comes to personal injury cases, time is of the essence: make a claim as soon as possible.
Filing a personal injury claim may seem extensively complicated at first. Here is a step-by-step guide on how to go about this type of claim.
Get Medical Assistance
Seeking treatment is the most significant thing to do after getting injured in an accident. Many people make the wrong assumption and skip this step, especially when they lack any immediate symptoms following the accident. While it’s possible to not have any discomfort or pain immediately after the accident, you could develop severe pain a year after.
Having foregone medical treatment in such circumstances works to your disadvantage in a personal injury claim. Together with insurance companies, the responsible party will use your failure to seek medical treatment as a tool to question the severity of the injuries and compensation claim.
Contact a Personal Injury Attorney
Sometimes it’s possible to settle a personal injury claim by yourself. For instance, when an accident is minor, you did not get an injury and only required a one-time hospital check-up. However, if the accident is significant and your treatment requires several hospital visits, you should contact a personal injury lawyer. Having an attorney ensures that you’re able to recover the full cost of your treatment.
You may also choose not to hire a lawyer, but it’s safe at least to contact one and discuss the claim. An attorney will inform you of requirements you might not be aware of, like statutes limiting the amount of time you have to file a claim. No matter how small the injury or accident was, you’d be surprised to find the claim a lot more complicated than it appears.
Setting up the Claim
The next step after seeking medical attention is making a claim. Either you or your attorney should inform the individual liable for your injuries that you intend to file a claim. Pass the same information to their insurance provider, too; this step, though overlooked more often than not, helps in getting the claim settled fast.
Getting Treated and Gathering Information
After informing the claim, continue to receive your treatment while gathering as much information about your injuries and any other possible damages. It’s time to collect the medical records from your doctors. Communicate with the medical practitioners to learn the extent of any and all injuries you may have suffered and inquire about any continual treatment you would require. At this stage, you should also get estimates or invoices on the damage done to your vehicle, personal property, or records of any wages you lose due to the injury.
Negotiating a Settlement
Your attorney may make the demand for compensation. The claim can occur either before or after they have filed a suit against the liable party or their insurance. Your attorney then meets with the responsible party and their attorneys to negotiate your compensation. The amount to guide your attorney is for all the medical bills, wages lost, and personal property damage. The two parties will have a back and forth with counter-offers until either of the parties compromises.
Filing a Lawsuit
If the respondent fails to offer you an acceptable offer, you could opt to move to trial to seek the compensation amount you require. However, bear in mind the legally prescribed limits on how long you can take to file the claim. Once presented to trial, the jury deliberates on the compensation to award you.
Justice for Your Injury Claim
If you are sustaining an injury due to another person’s negligence or mistake, there’s a high likelihood that you’re entitled to compensation. As long as the damage wasn’t your fault at any point, seek a personal injury attorney and follow the steps above to get your compensation.