Understanding the Personal Injury Claims Process
If you have sustained an injury in an accident and think that you may have a personal injury claim, there are steps you must take to ensure the process goes smoothly. This means you go through a personal injury claims process.
Seek Medical Treatment
Even if you are not sure if you are seriously injured, you need to seek medical treatment. This will help the insurance claims adjuster and your attorney later in the process if you have documentation from the hospital when you sought medical attention for your injuries.
This is also important for your health in case you have a more severe injury than you think you are at first.
Choose an Attorney for YourĀ Personal Injury Claims Process
If you want to file more than a minor claim, you will need to choose an attorney as soon as possible. While it is pretty simple for you to file a small personal injury claim yourself. You will need a lawyer to file a larger claim on your behalf.
If you have suffered major injuries such as broken bones or you incur thousands of dollars in medical bills and several days off of work, you will want to contact an attorney that specializes in personal injury claims.
To choose an attorney, you may want to meet with several before signing an agreement to secure one.
Claim and Medical Records Review
Your lawyer will interview you about the details of the accident including how and where it occurred. He or she will also need to learn about the injuries you sustained in the accident and the subsequent medical treatment.
Be sure to include all of the details and bills. Including a trip to the hospital in an ambulance if that occurred. Answer all the questions your lawyer asks of you as thoroughly as possible. So there are no surprises for your attorney later in the process.
Your attorney will review all of the information from your accident. Thus, to ensure that you have a good case to file a personal injury claim.
Demand and Negotiation is Part of theĀ Personal Injury Claims Process
Your lawyer will make an initial demand of the defendant in your case. In addition to the insurance company that the person or company was under when your accident occurred.
If the insurance company does not agree to settle the claim, your lawyer will file a lawsuit in court. He or she will ensure to file the suit before the statute of limitations runs out in the state in which you reside.
Negotiations between your lawyer and the defendant's lawyer normally begin right away after the filing of a lawsuit. The two attorneys will mediate the situation to determine if a settlement is reachable.
If not, your case will go to trial and a judge or jury will determine the outcome and amount of the compensation given to you.
Be open to going to mediation and court as part of your personal injury claims process so that you can receive your just compensation for your injury.
Personal Injury Claims Misconceptions You Should Know
The personal injury claim is filed when someone caused an injury or accidental death. Things seem simple but the claims process is very complicated. Numerous myths and misconceptions that float around about the process just make everything more complicated.
The following are the most common misconceptions about the personal injury claims process. Debunk them and file your claim when this is the best move you have.
Personal Injury Lawyers Are Expensive
This misconception appears because people know they pay lawyers for representation. Fortunately, with personal injury claims, everything is different.
The belief that you lose money when you hire a personal injury attorney is incorrect. There are attorneys that charge expensive flat fees or hourly rates. However, most personal injury lawyers work with contingency fees.
Basically, you do not pay upfront fees. Attorneys work for you and get paid when your claim is successful. Due to this, the attorney wants to help you get as much as possible.
You Go to Trial
Sometimes, people avoid personal injury claims because they think they automatically go to trial. This includes litigation.
In reality, most personal injury claims finish with a settlement. This happens way before the courtroom phase. Normally, negotiation and meditation help parties agree to a settlement.
Attorneys Are Greedy
This misconception states that people filing personal injury lawsuits and attorneys are just greedy. Numerous individuals avoid the lawsuit as they do not want to appear money-grubbing and greedy.
In addition, the injury attorneys have the bad reputation of being ambulance chasers. This implies that they just want money.
The personal injury claim always aims to recover compensation. This is for attorneys and victims. However, injury claims are much more complex.
When you file a lawsuit, you help hold the negligent party liable. Without this, people keep making negligent choices without caring about repercussions. Hiring the attorney and filing the claim help avoid this unwanted possible reality.
Also, the insurance company of the defendant is the one sued. When defendants are insured, they do not pay damages. This helps even those that worry about the effect of the claim on the life of others.
You Can Do It Alone
This is, by far, the most common misconception about the personal injury claims process. Usually, due to the belief that lawyers just want money, many victims do everything alone.
The problem with doing it alone is that you open the doors to failure. It is really difficult to take the right steps. This is especially the case when you negotiate with experienced insurance adjusters.
Another thing that you need to know is that when you are injured, you have to take care of your health. This means you cannot go to all the meetings and build a really strong case. The personal injury attorney builds the case for you while you get treatment.
