Unfortunately, claiming for personal injury is not a black-and-white process and tends to raise more questions than answers. Filing a personal injury claim may seem like an overwhelming task. That’s why we have made it as simple as possible by putting the instructions into easy-to-follow steps.
1. Seek Medical Care
It is recommended that accident victims seek medical attention immediately after the incident or injury. This indicates a hospital visit to the emergency department or your primary physician.
However, a lot of conditions emerge days and weeks following the accident, yet the best symptoms may be relieved or prevented when an early exam is conducted.
Moreover, the initial medical records usually prove helpful when dealing with an insurance adjuster and the jury in a later lawsuit.
2. Prepare Accident-Related Documentation
With appropriate medical care, the claimants should consider making the responsible document of any injuries, damages, or medical treatments that resulted from the accident.
If you have an accident at your workplace, all the relevant evidence of personal injuries, such as how it was caused as well as how it has devastated a victim’s life, can be collected.
For example, what type of visits to a hospital do you remember, and for how long were you away from work? Notify this if you have any lost income or expenditures. All the gathered information and proofs will enable a workers comp lawyer in terms of claiming compensation for your injuries and losses.
3. Think About the Legal Consultation
While the majority of small personal injury suits can be settled without outside counsel, an auto accident attorney obtains higher awards for claimants who would otherwise settle on their own. Law firms handling personal injuries usually offer free initial consultations; hence, it is advantageous for claimants to discuss their cases with a lawyer before filing.
4. Explore the Cause of Crash and Injuries
First, the lawyer will interview the client to understand the accident details, injuries, and medical treatment. Attorneys will next ask for any medical records of treatment. Likewise, a lawyer can work with accident reconstruction experts and other professionals to strengthen the client’s case.
5. Establish Negligence
More than 90% of personal injury cases revolve around negligence, that is, a person’s careless act where another human being may suffer. A driver who was caught driving while under the influence will surely be considered negligent.
If the driver had not drunk and was in control of his actions, the latter would not have committed the traffic violations and got involved in the accident.
It may be challenging for the injured party to argue against it. That’s why legal representatives with expertise can ensure their clients successfully complete the proof process.
6. File A Claim Notice
A person who wishes to proceed against the other party must serve notice to all parties involved. This is considered the start of the lawsuit. This mode of notice is also commonly referred to as “service of process.”
Normally, it is passed on by an experienced process server, a court official, or a police officer. As a result, the discovery phase contains a lot of documentation, and the process can take anywhere from one to two years.
