How to File a Personal Injury Case

How to File a Personal Injury Case


 

If you need accident injury compensation after a car accident, it is important to hire a personal injury law firm to represent you. While it might seem like a waste of money, you need an expert. Does insurance pay for pain and suffering? Do you know how to claim bodily injury from a car accident? If you don’t, you won’t get the money you’re entitled to. So make sure you hire a good lawyer to represent your interests. They will be able to negotiate with insurance companies and other parties on your behalf. Since they have training and experience, they know how to navigate the systems.

Often, you can get a lawyer who will take their fee once you’ve received your money. You’ll get your bodily injury compensation, then they’ll get paid. This means that you won’t risk losing money by hiring a lawyer. Instead, you’ll still end up with more than you had, even with their fee. Talk to your chosen lawyer and ask if they accept these kinds of payments. If they do, you should hire them.

Personal injury law basics

If you have been injured, one of your first thoughts after getting treatment will probably be whether or not you should file personal injury claims or a lawsuit. This is a good consideration because if you have been injured by someone or something else, you may have a lot of medical bills and have been hospitalized. Maybe you can’t even work. Before moving on to anything else, you should make sure you understand the difference between personal injury claims and lawsuits. You should know which order they go in before filing anything. Here are the differences between the two:

Personal Injury Claims
This is only between you and that at fault party. When you file a claim you are going to be going through a series of negotiations. This will probably be done with an insurance company and your self. If a settlement payment amount can be agreed upon, then there is no reason for the case to go to court.

Personal Injury Lawsuit
When you file a lawsuit against the at fault party it is usually because you were not able to agree on a settlement amount or the insurance does not agree that their client was at fault. If negotiations do not work, the next step in the process would be to file a lawsuit and try to take the case to trial.

How to File Personal injury Claims
Once you have been injured by someone else’s negligence and the insurance company has been notified of the incident, your complaint will generate a claim number and your case will then be sent over to the claims adjuster. In order to close the case, the claims adjuster will need proof that whatever injury occurred was caused by their insured person because they were being negligent. They will also want proof that your injuries were so severe that they require a settlement. The claims adjuster will usually open up an investigation on the case. After this, the claims adjuster will contact you and attempt to negotiate a settlement.

When to File Personal Injury Lawsuits
You can actually file a lawsuit any time that you want, even on the day that the injury occurred. However, it does look better if you have attempted to file a claim before moving on to a lawsuit. A trial is expensive a lengthy and it may work out better for you to settle the case before going to trial. Make sure that you are filing a lawsuit after an objective thought process and not in the spur of the moment because you are angry or upset. If negotiations break down, remain civil and continue on to file your lawsuit, only after you have given yourself a few days to really think about what you want to do.

What injuries will warrant a trial?
Serious injuries need to have caused a lot of damage, usually permanent. They need to have hindered the victim from being able to go about their daily activities. These types of injuries are not limited to but include:

  1. Death
  2. Loss of a limb
  3. Disfigurement or significant scarring
  4. Fractures or breaks
  5. Loss of an organ
  6. Doctor’s orders not to perform day to day activities for 90 of the 180 days following the day of the injury.

If you have experienced any of the above circumstances, then you may have grounds for trial. However, you should still carefully consider all of your options before jumping into a lawsuit.

Statute of Limitations
The sooner that you can file, the better. There is a time limit on how far out you can file a lawsuit and if you do not file before this time is up, you will not have a right to sue and could be left with absolutely nothing. Every state has different statue of limitations for personal injury claims but typically it is around two or three years. Make sure that you are within this time frame before attempting to file a lawsuit or it will automatically be dismissed.

Filing a claim or lawsuit will require you to obtain a personal injury lawyer to represent you. Try to find one that has worked and won different types of personal injury cases before. The more familiar he or she is with personal injury law, the more likely your case is to be accepted.

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