5 Steps for Filing a Personal Injury Claim
Filing a personal injury claim can be a complex process, an aspect that discourages many from pursuing it. However, with the support of a qualified personal injury attorney, you can traverse the legal system and pursue compensation for your injuries.
If you are seeking compensation, here are the steps to filing for personal injury claims.
1. Consult an Attorney
An attorney can provide valuable guidance and support throughout the claims process, assisting you in understanding your legal rights and options as well as ensuring that your claim is handled correctly.
When you hire an attorney, they will go over the details of your case with you and advise you on the viability of your claim. They will also gather and preserve evidence to support your claims, such as photographs of the scene, witness statements, and medical records. This evidence is critical in developing a solid case and increasing your chances of success.
2. Investigating the Accident and Injuries
The investigation process usually starts with gathering evidence to support the claim and help determine liability. The attorney will assess different records, including medical treatments, to help you build up your claims.
It's also essential to write down any injuries you got in the accident. This information will be used to figure out how bad the damage is and how much compensation you might get.
With different states having different statutes of limitations for filing personal injury claims, it's advisable to consider time. So consider investigating the accident and injuries and filing the claim as soon as possible.
3. Establish Negligence
Negligence is a failure to exercise reasonable care that causes harm to another person. To win their case, the plaintiff (the person filing the claim) must demonstrate that the defendant (the person being sued) was negligent and that this negligence caused the plaintiff's injuries.
The plaintiff must establish four elements to hold the defendant liable: duty, breach of duty, causation, and damages. Since this is a challenging task, an attorney will be essential in establishing negligence and proving the defendant is liable.
4. Serve Notice of Claim
A notice of claim is a formal document served to the defendant notifying them of the incident, injuries, and the plaintiff's compensation demands. The notice allows the defendant to investigate the claims against them and prepare their counterclaims. Moreover, the defendant might attempt to settle the matter without a lawsuit.
While deadlines for serving the notice vary, it is advisable to consult an attorney to help you serve it before time elapses. The attorney will also ensure your notice is well prepared and delivered properly.
5. Filing a Lawsuit
When an insurance company refuses to offer a fair settlement or the parties cannot reach a settlement agreement, it’s time to pursue a lawsuit. A lawsuit will be filed in a legal court and heard by a judge or jury. During the trial, each party will try to prove that the other party is wrong, so the court will have to examine the evidence presented by both keenly.
The plaintiff in the lawsuit will be required to prove that the defendant is liable for their injuries. If the plaintiff wins, they will be given money to compensate for what they lost.
To win the case, the plaintiff should have solid grounds to prove their claims. Failure to do so could mean the defendant might be acquitted. It will require the services of an experienced attorney to help the plaintiff prove their claims and win the case.
Don't let your injury go without the justice and compensation you deserve. For a free consultation, contact Janssen Law LLC today. Our lawyers will review your case, answer any questions, and discuss your legal options with you. Trust us, for we will be by your side to fight for what you deserve.
