If you’ve been in an accident, you may have to deal with injuries, unexpected expenses, and rehabilitation due to those injuries. On top of that, you may also have to take time off from work to heal, possibly losing wages.
Fortunately, you could recover those losses if you believe someone else was at fault for your accident. By filing a personal injury claim, you could be awarded compensation for your injuries. However, to be successful and attain the maximum payment you can legally receive, there are some measures you must take.
Let’s help you prepare for your potential case. In this article, we’ll guide you through the steps, so you’ll have a better understanding of how to file a claim and what factors can influence your case to result in your favor.
Filing a Personal Injury Claim
Before starting the process, it’s best to take the time to find out the basic guidelines of a personal injury claim. That way, you will know if you’re entitled to compensation.
A personal injury claim implies a person has suffered a loss due to another person’s negligence. The person who experienced the loss is considered the injured party. At the same time, the negligent person is deemed responsible for that loss.
With the help of a personal injury lawyer, the claim is formalized in a civil court proceeding where someone is legally found at fault. However, most personal injury cases are settled outside of court.
Formal Case of a Personal Injury Claim
In a legal case, an individual or group of individuals, known as the plaintiff, files a claim against another person, corporation, organization, or government agency, known as the defendant. The plaintiff is basically suing the defendant for their careless or irresponsible actions that led to an accident or injury.
Informal Settlement of a Personal Injury Claim
Personal injury claims are commonly resolved through informal settlement before ever reaching the court. The settlement usually involves the disputing parties, insurance company representatives, and attorneys.
A negotiation takes place, followed by a written agreement where both parties decide not to take further action, such as a lawsuit. The matter is then settled through an agreed-upon amount of money.
Statutes of Limitation on a Personal Injury Claim
There are statutes of limitation that afford you the maximum amount of time for filing a personal injury claim. So if you believe you have a case, it’s up to you to gather, organize, and submit the necessary paperwork in a timely manner. Otherwise, you will not be able to seek any type of compensation for your injuries.
Check with your state’s statute of limitations for your type of personal injury case. Or a personal injury lawyer can help ensure you do not miss your deadline for filing your claim.
How to File a Successful Personal Injury Claim
Now that you have a better idea of what a personal injury claim entails, you may want to evaluate your situation to see if you qualify to make this type of claim. You can ask yourself the following questions:
- Did you sustain injuries from an accident due to another person’s recklessness?
- Did you lose a loved one because of someone else’s negligence?
- Do you have evidence of this person’s negligence?
- Do you have to undergo costly medical treatments?
- Are you missing work due to the injuries sustained from your accident?
- Are you experiencing financial strain because of the accident?
- Are you or a loved one handicapped because of an accident?
- Do you or your loved one need long-term care for your injuries?
If you can answer yes to any of these questions, you may be eligible to seek compensation through a personal injury lawsuit. The process can be grueling, but with the help of a reputable attorney and by following the necessary steps, you can file a successful claim.
Get Medical Attention
After a car or any other type of accident, it’s best to seek medical help even if you feel okay. You will need a healthcare provider to examine you and record any injuries sustained. In a personal injury case, you’ll need those records to show how bad your injuries are.
Make sure to find out how long your recovery time will be, what type of treatment you’ll need, and how much everything will cost. All of this information should be documented and saved with your medical bills to present in your case.
Hire a Personal Injury Attorney
Depending on your injuries, you may or may not need to hire an attorney. Some accidents result in minor injuries, so legal help may not be necessary for such a claim. However, if you’ve suffered a severe loss that yields a huge financial strain, a qualified attorney can make sure to get you the maximum amount of money for your claim.
Gather and Maintain Evidence
If you want to file a winning claim, you’re going to need valid evidence. Gather all invoices, receipts, and estimates and add them to the documentation of your injuries. You may need to supply your W-2 or pay stubs to show how much money you’re losing from being injured.
In addition, you may have to produce a police report or some type of written statement of the accident. Photos of the scene can also be helpful. The more proof you have of the other person’s negligence, the better your chances of winning your case.
And finally, insurance companies may assign someone to your case to verify your claim. They will thoroughly examine your claim for any discrepancies and determine its validity.
Need Help With Your Case?
You don’t have to go through the process of filing a personal injury claim alone. At Rose Accident Lawyers, we can answer all of your questions and take some of the burden off of your shoulders so you can focus on your health.
Our professional and highly skilled team of lawyers can help you win your lawsuit. Contact us and let us get you the compensation you deserve.