Personal InjuryHow to File a Personal Injury Claim

May 3, 2021
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How to File a Personal Injury Claim

If you want to know how to file a personal injury claim, there’s a good chance our attorneys can help you. Schedule a free case evaluation with our personal injury lawyers today and fight for a better future.

There are about as many types of personal injury cases as there are injuries. From car accidents to premises liability cases, personal injury law covers an array of incidents. Due to this, no two cases follow the exact same course. 

Oftentimes, the process of your case depends on the severity of your injuries and the clarity of liability. Who was at fault is probably the biggest factor. Moreover, you have to know whether an insurance policy covers your particular incident. 

Below, we take a closer look at some of the key considerations for personal injury claims.  

How to File a Personal Injury Claim: The Process

After an accident, the process for how to file a personal injury claim probably isn’t on your mind. However, your actions following the incident play an important role in your case. Here are a few steps to follow to help you strengthen your personal injury claim. 

Seek Medical Attention

When you sustain an injury in an accident, the most important thing to do is seek medical treatment. This is true no matter what. 

Oftentimes, people assume they are fine because they don’t experience immediate symptoms. As such, they think medical care is unnecessary. However, medical attention often uncovers issues that aren’t apparent. 

While you feel fine today, tomorrow or next week may be a different story. 

Additionally, when you forego medical care, it puts you at a disadvantage in terms of your claim. The liable party’s insurance company uses the fact that you didn’t seek out medical treatment to call the severity of your injuries into question. This is their attempt to minimize or dismiss your settlement. 

Work with an Aggressive Personal Injury Lawyer

At times, settling smaller claims is easy to do on your own. For instance, a minor accident that requires one hospital visit might be cut and dry. 

However, major accidents often require ongoing treatment with multiple visits to a hospital or doctor. In these cases, a personal injury lawyer helps you maximize your settlement to cover the current and future costs of your medical treatment. 

Even when you choose not to hire an attorney, take advantage of the free case evaluation we offer to discuss your claim. Often, there are specific requirements in accident claims that people don’t know about. 

A prime example of this is the statute of limitations. This limits the amount of time you have to file a lawsuit. Additionally, a personal injury lawyer knows more about the different avenues to pursue compensation. 

No matter how minor you think your injury is, claims are more complex than you think. Attorneys help you manage the process because they already know how to file a personal injury claim. As such, they manage the process on your behalf while you focus on recovering. 

Set Up Your Claim

Your third step in filing a personal injury claim is to inform the liable party and their insurance company. When you have an attorney, they handle all communication for you and negotiate. Oftentimes, the insurance company offers an immediate settlement. 

However, these offers are often much lower than the compensation you need and deserve. With an attorney, you have someone to help you fight for your future. 

Gather Information and Follow Your Treatment Plan

When it comes to how to file a personal injury claim, an important aspect is evidence. Part of this means following the treatment plan that your doctor provides. Another aspect is to gather as much information about your injuries and other damages as possible. 

For your treatment, this means requesting medical records and invoices. These provide detailed information about the extent of your injuries. Additionally, they provide an estimate for the future costs of your treatment. 

Moreover, gather estimates for any damage to your personal property as well as a record of any lost wages. 

Negotiations

When you have an attorney, they handle negotiations on your behalf. With aggressive representation, we hold the liable accountable and make a demand before filing a lawsuit. 

When you know how to file a personal injury claim, negotiating a settlement seems a lot like negotiating with a used car salesman. Everyone has an opinion about the value of your claim. 

While you know how much you want, the insurance company knows how much (how little) they want to pay. However, no one knows what the other person is thinking. Through negotiations, we arrive at an agreeable amount. 

Oftentimes, this involves a lot of back and forth. When companies refuse to make an acceptable offer, we take the fight to court. 

Settlement vs Lawsuit

When negotiations go well, we reach a settlement that everyone is happy with. In this case, we simply accept the offer. Then, you go back to your life and heal with the compensation necessary to keep your life on track. 

Unfortunately, negotiations don’t always end with an acceptable offer. At that point, you have the option to file a lawsuit to seek the compensation you deserve. 

However, it’s important to remember that there are legal limits on how long you have to file your personal injury claim. When you don’t file within the statute of limitations, it bars you from filing a claim for the accident. That means you lose your opportunity to pursue compensation for your losses. 

After an accident, it’s essential to work with an attorney who understands how to file a personal injury claim efficiently and effectively. 

File Your Lawsuit

Oftentimes, personal injury claims settle out of court. However, when negotiations break bad, you have the option to file a lawsuit. When you understand the trial process, it helps you make better decisions and increases your chances of success in your case. 

The Process of Filing a Lawsuit

  1. Your attorney initiates a lawsuit by filing a complaint for damages. This is a written document that includes your claim and the compensation you desire. 
  2. During litigation, both sides exchange information. Often, this requires you to give a deposition. This is a recorded testimony about your injuries. 
  3. Once you go to trial, attorneys present the evidence to the course. Afterwards, the jury weighs contested issues of fact and decide whether the evidence is credible. 
  4. When you prevail, the judge or jury decide how much compensation to award you. 

Oftentimes, people assume that when you file a personal injury lawsuit, the judge decides your case. Unless it is a bench trial, though, a jury decides whether you prevail and how much to compensate you. 

Want to Learn More About How to File a Personal Injury Claim?

If you still have questions about how to file a personal injury claim, contact our team today for a free consultation. Whether you have specific questions or want to explore your options, we have the expertise to help you establish and file your claim. 

Schedule your free case evaluation today to see why we are the advocates you deserve. 

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