How to file a Personal Injury Claim
Have you been injured in an accident and require compensation for medical bills and other expenses?
Then you should consider filing a personal injury claim. Continue reading more below.
A personal injury claim case covers any situation in which someone’s negligence or actions cause you to suffer an injury. The most common cases are:
Slip-and-fall or trip-and-fall accidents
Motor vehicle accidents
Medical malpractice
Wrongful death
Birth injuries
Accidents on rental property and commercial property
Dog bites and the associated risk of infection, scarring and nerve damage
Filing a personal injury claim can be quite time-consuming. An experienced lawyer who specializes in personal injury claims can effectively guide you through the process so you can concentrate on healing and getting back to normalcy as quickly as possible.
You will hear the term damages being used quite often when filing a personal injury claim. Your attorney should help you to understand what the term damages mean and how they apply to you. Damages are the costs and losses you face after suffering a personal injury. These include:
Expensive medical bills
Lost wages or a diminished working capacity
Property damage
Childcare costs
Transportation costs
A breakdown of fellowship with your husband or wife also known as loss of consortium
A personal injury claim attorney can help determine what damages apply to you based on the details of your case and help to recover compensation for these losses.
If you are seeking compensation for injuries sustained in an accident, here is a step by step guide on how to file a personal injury claim.
Step 1: Seek Medical Treatment
Whether or not you are interested in filing a personal injury claim, the most important thing to do after an accident is to seek medical treatment. This applies even if you’re not feeling pain or have physical injuries. In many cases, associated pains don’t occur until weeks after an accident.
If you do not seek medical treatment immediately or very soon after an accident, you could severely hurt your chances of being compensated should you decide to file a personal claim injury. The at-fault party’s insurance company may call into question the severity of your injuries given that you didn’t seek medical attention quickly.
Step 2: Report the accident and the injury sustained
Based on where you have had the accident, you must let relevant persons or the authority know that you have been injured. Report injuries sustained at the workplace to the employer. If you are a victim of a motor vehicle accident, the police should be notified. In case you have received injuries in a public space, report it to the concerned local authority.
Step 3: Find and speak with an experienced personal injury attorney
Give yourself the best chance of getting compensation for personal injury by speaking with an experienced attorney. Bear in mind that speaking with an attorney is different from hiring one. Therefore, you have nothing to lose in getting solid advice before you make a claim. Most attorneys will be happy to provide an initial free consultation where they can discuss the details of your case and outline your legal options.
It is important to speak with one as soon as possible after the accident because of the statute of limitation. This limits the amount of time you have to file a lawsuit.
No matter how small you consider your injury, if you require compensation, you should consult with an attorney.
Step 4: Decide if you want to file a claim
After speaking with your attorney, you should decide if your best course of action is filing a lawsuit. Bear in mind that many personal injury cases are settled before they get to trial. There are ways to be compensated without heading to court. If the person who is responsible for your injury has insurance coverage in place, you can file a ‘third party claim’ against the insurance carrier. First, send the company a notice of claim. This should include their insured’s information, your information, details of the accident and a notification letter of your intentions to file a claim.
Step 5: Gather relevant information
If negotiations with the at-fault party or insurance company break down, you may want to take the matter to court. It is strongly recommended that you keep all documentation related to your personal injury accident so you can present them as evidence if necessary. Documentation includes but is not limited to:
Medical reports
Police reports
Receipts from any accident-related services
Witness information
Photos of the accident scene
Communication with your employer if you have to miss work
Letters, emails or phone calls from their insurance company as well as yours
Conclusion
Filing a personal injury claim comes with strict requirements that may become overwhelming for you while you heal. Consider hiring an experienced personal injury attorney to handle all the necessary steps for you.