Did you know that making a personal injury claim is necessary if you want to get compensated after getting hurt?
Personal injuries are difficult to deal with because victims are often left with hefty medical expenses and are unable to work. No matter what the severity of a personal injury is, a victim has the right to get money from the person that hurt them and hold them liable for what happened.
To help you get a better understanding of what the personal injury claim process is like, we’ll outline all the main info you should know. You can then start settling a personal injury claim with confidence that you’ll get the money you deserve.
Read on to learn more about what a personal injury claim entails.
What Is a Personal Injury Claim?
A personal injury is a type of physical harm to a person caused by someone else. When making a personal injury claim, you’re essentially saying that you’ve been injured and would like to seek compensation for your injuries.
When suffering a personal injury, a person will go through several steps to ensure they get compensation, though it may be a long process. Because of this, it’s best for a victim to make a personal injury claim as soon as possible.
How the Personal Injury Claim Process Works
Starting the personal injury claim process is simple, as you’ll just need to meet with a few people. Before making a claim, you can research the laws surrounding personal injuries to see if you could be eligible for compensation.
The exact steps that happen will vary depending on your case, but you can expect to do the following:
Hire a Lawyer
Whenever you want to seek legal compensation from someone, you must hire a lawyer if you’d like to ensure you have a good chance of succeeding. A personal injury lawyer knows all of the laws, so they’ll have an easier time determining whether you’re eligible. Additionally, because an injury claim is considered legal action, assistance from a legal professional would also be necessary to streamline the process.
However, before hiring a lawyer, they’ll ask you to present your case so they can get a better understanding of what happened. If they think they’re a good fit for you, they’ll tell you how much their services will be.
Those that don’t have the money to hire a personal injury lawyer can opt for one that charges contingency fees. These are fees that lawyers charge only when you win a case, so you won’t pay anything if you don’t get compensation.
File a Complaint
After hiring a personal injury lawyer, you’ll then file a complaint which will officially begin the personal injury claim process.
When you file a complaint, you’ll let the person that hurt you know that you’re seeking compensation for your personal injury. This will give both parties enough time to prepare for the process.
To ensure you build a good case against the defendant, your personal injury lawyer will gather evidence that proves they hurt you. Some of the best evidence for settling a personal injury claim are videos, photos, and medical documents.
Seeking medical treatment soon after suffering the injury is a great way to start the process. You need copies of your medical records to show the connection between your injuries and the negligence caused by someone else. Your lawyer will also try to get video evidence by going to the location in which you were hurt. If you were in a car accident, your legal representative will also communicate with the police officer and ask for a copy of the police report. The report might have relevant information that could help strengthen your personal injury claim and improve your chances of winning.
Moreover, if your injury claim is on medical negligence and other causes that require expert testimonies, your lawyer from a reputable firm like Hasbrook & Hasbrook can tap some professionals within their network to testify as expert witnesses. Their statements might go a long way in proving the negligence of the alleged at-fault party/parties.
Settling a Personal Injury Claim
After going through the earlier steps in the personal injury claim process, you’ll start working toward getting the compensation. When your lawyer gathers evidence, they can put together a strategy that’ll help you convince both the defending party and the court that you were wronged and you deserve the right amount of compensation.
Here are the main things you’ll do when settling a personal injury claim:
Negotiate with Defending Party
A personal injury claim settlement can be resolved without going to court. However, it may require a lot of negotiating, because there’s a good chance that the defendant will claim innocence. They might even deny your allegation and in the worst cases, shift the blame on you. In that situation, getting the compensation you’re entitled to might be difficult to achieve. To prevent this, your lawyer will present all of the evidence that points to them.
When negotiating with the defendant, you’ll outline the extent of your personal injury to give them a better idea of how much it will cost to recover from. You can seek compensation for things like medical bills, time away from work, and lost wages.
Before meeting with them, your lawyer will tell you how much they think you can get. So, you should get ready for what might happen. But should a defendant refuse to pay anything, you can go forward with the personal injury claim process and start preparing for court.
Go to Trial If Needed
When going to court, you’ll present all of the same info to a judge that you’ve presented to the defendant. They’ll ask both you and the defendant about the incident to see if your stories line up. However, the evidence your lawyer has will explain everything the judge needs to know.
Providing all things go well, the judge will order the defendant to provide you with compensation. The amount is up to the judge, though you can expect it to be close to what your lawyer told you as long as you’re able to prove that the accident and your injuries were the result of another person’s negligence.
Now You’re Ready to Resolve a Personal Injury Claim
After reading this article, you now know everything you need to know about the personal injury claim process. If you’ve recently been injured and would like to seek compensation, we encourage you to hire a personal injury lawyer as soon as possible.
Ensure that you also seek medical treatment, so you can build more evidence against the defendant. You shouldn’t have a problem going through the other steps after getting a lawyer.
Check out our other articles to learn more about a variety of topics such as slip and fall law, expungement law, parental rights law, and much more.