If you’re here, reading this article, you’ve likely experienced a situation where an unexpected personal injury turned your life upside down, correct?
Maybe it was a car accident, a slip-and-fall, or an incident at work. Whatever the case, dealing with its aftermath can be a lot. Especially if you’re considering going through the personal injury claim process.
But don’t worry – we’re here to guide you through it all.
In this step-by-step guide, we’ll be your virtual companion, walking alongside you as you work on your personal injury claim. We’ll break the whole process down for you, leaving nothing to chance.
So, if you’re ready to take control and get the compensation you deserve, let’s get started!
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Seek Immediate Medical Attention
Thoroughly documenting all aspects of your injury with the help of medical professionals creates a strong foundation for your personal injury claim. That’s why it’s important that you seek medical attention promptly after a personal injury accident.
Know this: No injury is too insignificant to work its way into your medical records. From visible injuries like bruises and cuts to potential internal damage and even the emotional toll it’s taken on you, make sure it’s all recorded.
Why? Because when it comes time for the court to assess your case and determine compensation, these records will be your strongest evidence.
They’ll paint a clear picture of the extent of your injuries, the treatments you’ve undergone, and what medical care you’ll need in the future.
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Report the Accident to Authorities
When it comes to personal injury accidents, reporting the incident is a must.
The process of reporting will vary significantly depending on the type of the accident you’ve been in, but here are some of the most common reporting processes you should know about:
For instance, if you’ve suffered a personal injury in a car accident, you’ll report the accident to the police. This report will include details like the accident’s location, involved parties, witness statements, and preliminary fault assessment.
On the other hand, if you’ve suffered a workplace injury, you’ll notify your employer first, instead. Your supervisor or the HR department will provide you with an incident report form to fill out, which will later be used for your workers’ compensation claim.
Some other authorities you may end up filing a report to include:
- Hospital administrations: in case you suffered a personal injury as a result of medical malpractice
- Property owners and managers: if you got injured on someone’s private premises
- Manufacturers or retailers: If you got hurt by a defective product you bought
- Animal control: if you suffered a personal injury from a dog bite
Now, let’s get into what could be considered the most important step of the personal injury claim process.
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Gather and document evidence
Besides gathering your medical and police records, you should also focus on collecting pretty much anything that can support your case and demonstrate the impact of your injury.
That means you should take photos and videos of the accident scene, your injuries, and any property damage. Don’t forget to note the date and time, too.
Also, if there were any witnesses to the accident, get their contact details and ask for written statements if possible.
You should also write down how your injuries have impacted your daily life, including symptoms and any medical treatments you’ve received. You can use this ‘journal’ as a supplement to your official medical records to strengthen your case.
And, of course, keep records of all costs related to your injury, like medical bills and lost wages.
Why does this matter?
Because it helps show who was at fault and how much you’ve been affected. This strengthens your hand in negotiations and can be crucial if your case goes to trial.
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Book a Consultation with a Personal Injury Attorney
Before filing a personal injury claim, it’s wise to seek the help of someone who really knows their stuff when it comes to personal injury law.
What for, you ask?
Well, because they can give you a thorough and unbiased evaluation of your case based on the evidence you’ve gathered, and this is key to understanding your chances for success.
Also, if you decide to move forward with your claim, having a skilled negotiator on your side can make a huge difference.
First, they’ll fight to get you maximum compensation in settlement talks. And, if things escalate to a trial, you’ll have an attorney who will stand up for your rights in court.
With their expertise and access to resources, you can rest easy knowing that your case is in good hands. So, don’t go it alone – get the help you need to win this!
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File the Claim
If you’ve got a personal injury lawyer on your side, filing a claim becomes a breeze. They’ll handle all the legal nitty-gritty for you, making sure everything is filed correctly and on time.
Your lawyer will also become your go-to person for dealing with the insurance company and other parties. They’ll negotiate on your behalf to try and settle the matter without dragging you into a lengthy trial.
Once the claim is filed, it’s considered that you’ve officially initiated the legal process, which includes discovery (exchanging information and evidence) and pre-trial motions.
Essentially, your lawyer will work with a team to gather evidence and build your case.
They’ll determine who’s at fault for the accident and gather evidence to support this claim. They’ll also assess the extent of your injuries and determine the exact amount of damages you should seek.
After that, it’s off to settlement negotiations we go.
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Give Settlement Negotiations a Shot
Almost all personal injury cases are resolved through settlement rather than trial, which is why your attorney and the insurance company will likely attempt to reach a mutually agreeable resolution outside of court first.
Your attorney will be your negotiator-in-chief, talking terms with the insurance company or the other party’s legal team.
Their goal? To land you a fair and square settlement that covers all your losses and then some. They’ll be pushing for the highest possible payout, based on the evidence and the specifics of your case.
Now, settlements offer a bunch of perks. They’re usually much quicker than going to trial (usually, they take 9 to 18 months from filing to wrapping things up), which means lower legal fees and less stress for you.
However, if the other side isn’t playing fair, or you’re not happy with what they’re offering, your next step will likely have to be going to trial.
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Go into Litigation
When it comes to personal injury claims, litigation is usually the last resort.
It’s the path you take when all other roads to settlement have hit a dead end, either because the other party is playing hardball, or maybe the clock is ticking on your case due to the statute of limitations.
And hey, we get it, litigation can sound scary. It’s a process that undoubtedly involves tons of legal jargon, courtrooms, and potentially a lot of waiting around.
But sometimes, it’s the only way to ensure you get the fair outcome you deserve in your personal injury claim.
So, while it may not be your first choice, it’s worth considering if it’s the best path to justice for you.