Here’s What You Need to Know about Making a Personal Injury Claim
Something terrible has happened. Someone has hurt you or someone you love through their own negligence, and you need money to pay medical bills and make up for lost wages. You also need compensation for your pain and suffering, and maybe even for the loss of your loved one’s life and companionship.
It’s time to file a personal injury claim. But how do you go about doing something like that? How does the legal process work? Will you have to go to trial? Let’s take a walk through the process of filing a personal injury claim and bringing it to trial.
Collect Evidence
In order to prevail in your personal injury case, you’re going to need evidence that the accident wasn’t your fault, but the fault of the other party. Collecting evidence may not be the first thing on your mind when an accident happens, but you should begin doing so right away – preferably at the scene of the accident if you can.
Take pictures of the accident scene, including the position of any vehicles involved or the conditions that caused your accident. Obtain a copy of any police reports that were filed, and get the names of witnesses to your accident.
Seek Medical Attention
You need to seek medical attention right away if you have any inkling that you’ve been injured in an accident. In fact, it’s a good idea to seek medical care immediately even if you don’t think you’ve been injured, because you might not feel the pain of your injuries right away. Injuries like whiplash can take time to manifest themselves. It can take days for whiplash symptoms to set it.
The surge of adrenaline that often happens after an accident can also hide medical symptoms. So you should go to the hospital after the accident, or at the very least make an appointment to see your primary care physician right away.
It’s also very important that you follow up with any continued care that your doctor recommends. You can’t settle your case until you’ve reached maximum medical improvement (MMI), which means that you’ve completed treatment and recovered as much as you’re going to. Keeping your medical appointments, following your doctor’s instructions, and filling your prescriptions isn’t just important for your recovery. It can also prove to a jury that your injuries were serious enough to warrant reparations.
Speak to a Lawyer
You’re not going to be able to get the best settlement for yourself by negotiating with the insurance company directly. You need a lawyer to represent you. A lawyer will have the knowledge and negotiation skills to get you the best outcome. Consult a lawyer if you’ve been severely injured, the other side is putting up a fight about the details of your case, and your medical bills total more than a few thousand dollars (if your medical bills are less than a few thousand dollars, you may still be able to get compensation, but it would be possible to settle the case yourself).
Talk to multiple lawyers before you choose the Citrus Park personal injury lawyer you want to work with. Ask if the lawyer has experience handling cases like yours and get references from past clients to find out whether they were happy with the lawyer’s work and their outcomes. Check with your state’s bar association to make sure the lawyer doesn’t have any complaints or disciplinary actions against him or her before you agree to work together.
Settle or Go to Trial
Most personal injury cases are settled without going to trial. Once you’ve reached MMI, your attorney can begin negotiating with the other side to get you the best settlement. If initial negotiations fall through, your attorney may go to mediation with the other side, which will involve the participation of a neutral third party who will try to help the two sides come to an agreement. If mediation fails, your case will go to trial, and if you win, the jury will award you compensation.
Making a personal injury claim can be daunting, especially when you’re already navigating medical treatment and getting used to living with the aftermath of your injuries. In most cases, you’re going to need a lawyer to help you get the best outcome.
Don’t agree to anything with the insurance company until you’ve spoken to an attorney. Only with appropriate legal representation can you get every penny you are owed to compensate you for your medical bills, pain and suffering, and lost wages due to not being able to work.
