Law

How to File for a Personal Injury Claim

There are almost as many different forms of personal injury cases as there are different ways to sustain injuries. From a simple slip and fall to more unfortunate car accidents, personal injury law covers a wide array of different incidents. Due to this, it’s improbable to find two cases that follow the same course and timeline. 

It all boils down to the severity of the injuries, clarity of the party at fault, and whether the incident is covered under an insurance policy. 

Regardless, if you have sustained injuries in an accident, you will need to file a personal injury claim from the party responsible for the damages or injuries. However, this process is easier said than done, since it entails a lengthy trial and error process through the courts. However, to simplify the process, you will need to hire the services of a personal injury attorney to represent you.

This post will detail a step-by-step process to file for a personal injury claim to help you better understand the entire process. 

Seek Medical Treatment

Whenever you sustain personal injuries, the first step to claiming for compensation is to seek medical treatment. This will form the basis for your entire argument during the court proceedings. 

Although most people don’t feel the full extent of the damages after an accident, the repercussions can be extreme. Failure to seek medical attention will work to the advantage of the insurance companies who will capitalize on the fact that you failed to seek medical treatment following the accident. 

Hire a Personal Injury Attorney

Hiring a personal injury attorney to represent you is the best decision that you can make in claiming for your injuries. Whether your injuries are significant or straightforward, don’t feel confident that you can get satisfactory results independently. However, keep in mind that talking to a personal injury lawyer isn’t the same as hiring one. Hiring one means that you will rest assured that you will get emotional and legal support through the entire process. 

Another benefit of a personal injury lawyer is that you will not have to pay for any services unless you get a settlement or there is a court ruling in your favor. This is because attorney-client agreements in such cases work on a contingency basis and your attorney will only get a percentage (mostly 30%) of the entire settlement once it’s paid. 

Determine Whether to File a Lawsuit

If you’ve ever filed for a personal injury claim before, you probably know that the vast majority of personal injury cases end in an out of court settlement before a trial. This means that these cases are resolved before the complaint files for a civil lawsuit. 

Typically, there are different ways to recover compensation after an injury, without necessarily filing a lawsuit. For instance, where an insurance policy covers your injuries, you can decide to file a third-party claim against the at-fault defendant’s insurance company. 

Though this may seem simple, the entire process is utterly complicated as you will require the help of a professional personal injury attorney to send a notice of claim and carry out any relevant follow-ups. At the same time, your lawyer will ensure that all things, such as the statute of limitations, are met without delay. This way, you will be sure that you will get compensated for your injuries. 

Equally the same, you can decide to seek compensation through the courts if the insurance company fails to acknowledge your claims. Either way, involving your lawyer in the entire process will ensure you make the most informed decision of whether to file a lawsuit. 

Seek the Help of a Personal Injury Lawyer

If you are a victim of an accident, always remember that you have rights. However, to exercise those rights, you should take a step by filling your claim. Since the entire process can be daunting, it’s important to note that your chances of getting a deserved settlement will be minimal without seeking the help of a skilled and experienced personal injury lawyer to work on your behalf.

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