Recent statistics show that about 300,000 personal injury claims are filed annually in the US. If you or a loved one has suffered from an injury or illness due to another party’s negligence, you may be considering filing a personal injury claim. But before you can start, it helps to know about the process involved in filing a claim. This way, you’ll know what to expect and can decide early on whether or not you’ll hire legal assistance. Here are the steps involved in filing a personal injury claim after you’ve been involved in an accident.
Preserving Evidence
One of the first things you should do is to preserve evidence of the incident so you have a strong case later on. Physical evidence includes images of the scene, as well as damaged property or objects. If there are witnesses nearby, ask for their contact information; you may need them to provide a testimony down the line. Similarly, you should preserve digital evidence like social media posts and surveillance or dashcam footage that may be relevant to your claim.
Seek Appropriate Medical Attention
It’s important to seek medical treatment as soon as possible. This isn’t just important to ensure your well-being, but it also allows you to document your injuries by creating a record of what happened. Not to mention, if you get caught up in the claims process instead of getting treatment, the other party may argue that your injuries weren’t that serious in the first place.
Report Your Injuries To Relevant Authorities
Once you’ve received immediate medical care, take the time to report the accident or incident by contacting relevant authorities. Depending on the nature or severity of the incident, this can be the local police or your employer. Contacting them allows you to build an official record of the accident, which may be used as evidence for your personal injury claim.
Documentation
Besides going to a doctor, you need to gather other evidence to document your injuries. This can include taking photographs of your injuries, getting witness statements, and securing medical reports or records. Remember, you need to gather this evidence soon after the incident so that the other party can’t question its accuracy and reliability.
It’s why personal injury attorneys recommend documenting each aspect of the incident, as well as your injuries. Keep track of the medical treatments you receive, along with the dates on which you received them. You should also provide information regarding medical expenses incurred, transportation costs, and lost wages. By keeping this information organized, you’ll have it ready for when you consult an attorney.
Find Out Who Was Responsible
When you consult a personal injury lawyer, one of the first things you’ll do is to determine the party responsible for the incident. This is who you’ll file the claim against, and it’s not always the person driving the vehicle or who owns the property where you got injured. Rather, you may need to secure damages from the insurance company or the manufacturer for certain equipment.
This is where it helps to have a personal injury lawyer by your side: they can perform the additional investigation needed to find out the party’s insurers.
Review Your Injuries and Recovery
Your attorney may recommend scheduling an assessment with a rehabilitation coordinator. They can figure out if the extent of your injuries requires special therapy, support, or changes in your accommodation. In some cases, people make the mistake of filing a claim based on the current condition of their injuries – without considering their recovery progress.
In the case of serious injuries, it can take a while to find out how they will affect your quality of life and ability to work.
Determine Your Compensation
Once your attorney has a clear picture of how the incident has affected you and has gathered the necessary evidence, they can move on to determining the amount of compensation. This final figure will account for things like:
- Cost of medical treatment and rehabilitation
- Impact of your injuries, as well as pain and suffering
- Travel expenses for attending medical appointments
- Lost income if you can no longer return to work after the incident
- Mobility aids and similar adaptive equipment, such as wheelchairs and prosthetics
- Cost of hiring a professional caretaker or compensating a family member who may have to quit their job to take care of you
- Damaged property, such as your car
- The cost of making changes to your home or moving to a more accessibility-based home
The final calculation will include expenses you’ve already paid for, as well as possible costs you’ll face down the line.
Filing a Claim and Discovery
Your personal injury lawyer will then move forward with filing a claim on your behalf. They’ll prepare the necessary documents, including the details of your case and the damages you’re seeking. The next step involves discovery, in which both sides exchange information. It’s a crucial step because it ensures that both parties have information regarding the dispute.
Settlement Negotiations
Post-discovery, your attorney will start the settlement negotiations process. The benefit of a settlement is that it saves you the stress, time, and money of going to trial. It’s crucial to have an attorney on your team during this step, as it prevents the chances of getting lowballed.
If needed, the process may include mediation as an alternative dispute resolution method. Here, a mediator facilitates communication between the parties and helps them come to an acceptable agreement. Once you reach a settlement, the mediator will help both parties draft an agreement that outlines issues that were discussed during the process.
Receiving Compensation
After finalizing a settlement agreement, it can be submitted to the court. The final step involves deciding how you’ll receive the payment. In most cases, this includes getting a lump sum payment, but the court can order monthly or yearly payments if the compensation covers the costs of long-term care.
If the above-mentioned process seems overwhelming, that’s because it is. Filing a personal injury claim is a tedious and complex process that requires staying organized and on top of any deadlines. Needless to say, this is impossible when you’ve recently suffered from major injuries. This is where it helps to hire a personal injury attorney to help you navigate through the process. They can provide legal support at a time when everything feels chaotic and confusing.