After a sudden, unexpected traumatic event such as a car accident, construction accident, or a medical procedure gone wrong, your life likely takes a different turn. First, the event hinders your ability to earn a living. You may also be unable to perform daily life routines such as walking. The physical, mental, and financial pain are overwhelming. Something even more frustrating is that someone else’s negligence caused the accident. The only way of recovering from such is by filing a personal injury lawsuit.
As much as moving on with your life may be complicated, a personal injury claim will, to some extent, make things easier. But where do you start from, and how do you handle the process?
In this article, we outline what to do and what to expect when filing a personal injury claim.
Before you even proceed to file a claim, you will first need to assess the accident's situation. This is vital as it ensures that you have a valid case. A personal accident injury claim usually arises when someone else becomes complacent in their work, and this causes you harm. Were they distracted, or did they fail to fix specific hazards?
The most common causes of personal accident lawsuits include:
Regardless of the cause, you should analyze and assess your situation to establish the validity of the case. You need to establish if the injuries were caused by someone else’s inaction or negligence. Did the injury result in financial damage, like medical bills or lost wages? Lastly, do you have any evidence, such as photos, videos, medical records, or witness statements? If your answers to these questions are yes, then it means you have solid grounds for a claim.
With clarity, you can find a reputable local lawyer who understands the local laws and regulations better. So, if you are in NY, find the best New York personal injury lawyers to guide you. They even help with the assessment, especially when things seem to be slightly complex. You can then weigh your options and come up with a strategic approach.
This is the most crucial aspect of filing a personal injury claim. It will determine the direction of your case. The good news is most personal injury lawyers offer free consultations. Most of them work on a contingency fee basis, meaning they only get paid if you win. The consultation mainly entails reviewing and analyzing your accident. They aim to make your case stronger, increasing your chances of getting reasonable compensation.
Beyond evaluating and analyzing your case, personal accident lawyers will help you understand your rights. It is also during the consultation that you will understand their roles in the case, which is mainly negotiating with the insurance companies or any other opposing parties.
Usually, your personal injury attorneys will send a formal letter to the negligent party- this can be your employer or insurance responsible for your accident and the compensation. This claim will contain details of:
The negligent party can either admit liability or deny it. If they choose the latter, your attorneys will have to file a lawsuit seeking damages on your behalf.
In a lawsuit, both parties are required to prove their cases. The only way of doing this is by conducting a thorough investigation of the incident. Your personal accident attorney gathers evidence such as medical records, witness testimonies, and police reports. Sometimes, they may even involve experts in different fields, such as medical professionals, to support your case. The other party will also have a lawyer to defend them.
Like in any other lawsuit, you should expect back-and-forth between your side and the other party (insurance company). They always try as much as possible to counter your claim, maybe question the severity of your injury or even fault. Your attorney will use their experience and expertise in this field to defend your interests.
After the investigation, the insurance company or any other party involved might offer a settlement. It is at this point that your attorney's negotiation skills are needed. They should aim to push for a reasonable amount of compensation, which should cover the following:
How long until you get compensated? Well, this may take weeks or even months. It depends on the nature of the case and the insurer's cooperation. Your lawyer can always push for a quick process.
In sporadic cases, the negotiations may fail, and the case heads to trial. Here, both parties present their case and evidence before a judge or even a jury. We cannot deny the fact that trials are lengthy and can take a toll on your mental health. But with a supportive attorney, the burden is much lighter.
Whether you settle or win the trial, you receive compensation. The amount depends on the extent of damage. For serious accidents, the amount could result in millions. After deducting all the expenses, such as legal fees, the remaining amount is yours.
Filing a personal injury claim aims to seek justice and financial recovery from any harm caused by somebody in charge of not being careful enough. As we have seen, filing this lawsuit encompasses multiple steps, from consultation to litigation. While it may look overwhelming, you can make it easier by getting the right legal support.
A seasoned attorney will handle the largest part of the process on your behalf as you focus on your physical and mental healing. All you need is to discuss your specific situation in detail and offer your input as they handle the case, ensuring your rights are fully protected and that you are fairly compensated for the loss and inconvenience caused by the injury.
