Personal Injury Claims Process
January 24, 2023 | Personal injury
Accidents can be devastating and their effects can be far-reaching. Many accident victims end up facing hefty medical bills as well as various other expenses as a result of the accident. Seeking financial compensation helps to ease the economic burden resulting from an accident. This means filing a personal injury claim against the at-fault party.
If you or a loved one has been injured as a result of the negligence of another party, you will need to file a personal injury claim. Understanding the personal injury claims process is vital for the success of your claim. It will help you know what to look for. While every personal injury case is unique, they often follow the general format outlined below:
- Initial consultation
If you have been injured in an accident that was caused by another party, it is in your best interests to seek the advice and guidance of an experienced personal injury attorney as soon as possible after the accident. This will help you determine what your next steps ought to be.
Many personal injury attorneys offer free consultation for accident victims. This means that you can have your case reviewed for free by an experienced attorney. An experienced attorney will guide you on your rights and options. They will also answer any questions that you may have. They will help you determine the best approach to take in your particular case.
- Investigation
If you decide to pursue a personal injury claim for your damages, your personal injury attorney will get started with building your case as soon as possible. They will investigate your case to gather evidence to support it.
In many cases investigation will involve activities such as obtaining reports, visiting the scene of the accident and documenting it, identifying liable parties, interviewing witnesses and more. Personal injury attorneys use their resources to build strong cases to increase the chances of recovering maximum compensation.
- Medical care and rehabilitation
One of the benefits of hiring a personal injury attorney for your case is being able to focus on your medical treatment and recovery. While your personal injury attorney investigates the circumstances of your accident, you can get the medical care and rehabilitation you need for recovery.
It is important that you stick to the doctor’s course of treatment. You should make it to fill recovery or at least reach maximum medical improvement before you make your personal injury claim. This ensures that your claim reflects all your medical expenses and other damages the accident has resulted in. You will be better able to account for your damages.
- Compiling the demand package
The demand package includes your side of the story and evidence supporting your case. This package is sent to the insurance company or at-fault party in making a demand for financial compensation for the damages you have suffered.
When your personal injury attorney completes the demand package, they will contact you and go through it with you. Reviewing the content is important to ensure that the information contained in the package is accurate. The demand package is then sent to the insurance carrier or the at-fault party.
- Negotiation
The insurance carrier reviews the demand package and usually responds by sending an offer for settlement. In many cases, this offer is way below what your case is worth. Your personal injury attorney will notify you of the offer for settlement that the insurance company has sent and discuss what ought to be done next with you. Your attorney will advise you on whether the settlement is adequate or not. If you feel that the offer is inadequate, your attorney will respond with a counter-demand. The negotiation stage often involves a lot of back and forth communication between the insurance company and your personal injury attorney.
- Settlement
In many instances, personal injury cases end with an out-of-court settlement. This occurs when you are satisfied with the offer made by the insurance company or at-fault party. Your attorney will prepare a settlement agreement. This document outlines the terms of the settlement.
- Trial
A good majority of personal injury cases end with a settlement. However, in some cases a settlement cannot be reached. In such cases, a trial is required. During the trial, your personal injury attorney will argue out your case before a judge or jury. They will fight to get the most favorable outcome.
Work with a Personal Injury Attorney
If you have been injured in an accident due to the negligence of another party, you should contact our law firm to work with an experienced personal injury attorney. We will review your case for free and get started with working on it right away. We will fight to recover maximum compensation on your behalf. Contact us now to schedule your consultation.