Step-by-Step Guide To Protect Your Personal Injury Claim

If you have suffered injuries that were caused by someone else, you may need to file a personal injury lawsuit. A lawsuit may help you obtain compensatory damages from the person or parties responsible for the incident. To help you understand how this all works, we have provided a step-by-step guide of things you can do to help protect your personal injury claim.. Let’s begin.

Step 1: Take Photos or Ask Someone to Help Take Pictures.

While it may be hard to remember to take photos when you have been involved in an accident, photographic evidence can help your case. If you are too hurt to take pictures, ask the police, a family member, a friend, or even a bystander. Good photographs are especially important in trip/slip and fall cases to document the dangerous conditions that caused the incident. Pictures can provide concrete details that could potentially speed up the claims process and assist in proving your case or receiving proper compensation. A photograph could reveal how the accident occurred, who was at fault, the severity of the collision, and what damages were sustained as a direct result.

Step 2: Seek Medical Attention.

This next step can be crucial. Most people assume they are okay after an accident if they do not experience immediate pain or symptoms. While you may not experience discomfort or soreness right away, the effects of your injury may manifest later. Seeking medical treatment and consistently attending appointments will allow doctors to run tests and examine you to detect hidden injuries which could be detrimental to your recovery in the long run. Furthermore, seeking medical help can help establish your claim and provide grounds for compensation for lost wages, medical bills, and other damages.

Step 3: Contact An Experienced Personal Injury Lawyer.

After a personal injury, you may feel unsure how to proceed. Do not contact the insurance company yourself. We recommend consulting with a trustworthy attorney who can assist with your case. By consulting with a lawyer, you will have proper guidance on how to handle complex legal documentation. Moreover, attorneys are dedicated to your case and can provide sound counsel regarding your claim. Most people do not know what damages are allowed by law and are unaware of what their injuries are worth. This uncertainty can allow insurance companies to take advantage of personal injury victims.

Step 4: File A Complaint.

This is the first court document you file in most personal injury lawsuits if the insurance company won’t pay a fair settlement. The Complaint contains the identity of the defendants, the facts surrounding the claims you are presenting, the legal basis of the case, and the prayer for relief. The prayer for relief explains the orders that you would like the court to issue, such as the amount of damages you are requesting. After successfully filing your lawsuit, your next step is to ensure that the defendants and their insurance company are aware of your case.

Step 5: Settlement or Trial.

After the personal injury lawsuit is filed, the litigation process begins and the rules can be very technical. If you try to represent yourself, the insurance defense attorney on the other side can ask the court to enforce technical rules against you even if you are not an attorney. Generally, representing yourself in a lawsuit means bad things can happen. Many attorneys will not take over your case if you have represented yourself and your case is in jeopardy. If you have a competent attorney from the beginning you have a better chance of a satisfactory outcome.

In most cases, a lawsuit will lead to a settlement, but it may also end up in trial. A settlement is where you (with the advice of your attorney) have agreed to terms with the defendant’s insurance company. Usually, the settlement means you are paid a lump sum of money to sign a Release of your claims and Dismiss your lawsuit. If a mutual agreement cannot be reached, and your attorney advises that the insurance company is not offering a fair settlement, he or she may recommend taking your case to trial to get the compensation you deserve.

We understand that personal injuries can be an overwhelming experience and we suggest that you seek legal counsel as soon as possible to understand your rights and explore your options. We are here to help!
Please note that the specific facts of your case should be analyzed by an attorney to determine your potential for a recovery. Please call us to discuss the details of your case.
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