A Beginner’s Guide to Personal Injury Claims

Many people’s lives have never been the same since they got involved in a personal injury incident. It damaged every aspect of their lives. That is why it is essential to understand how the personal injury claims process works. 

“When someone or an entity negligently injures you, you must know how to file a personal injury claim against them. The lawsuit will help you recover damages. However, no one will compensate you on a silver platter, even when the injuries are evident; you must provide evidence to support your claim,” says personal injury attorney Arthur Schechter of Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys.

You need a reputable personal injury law firm to help you in this process. Thus, you should immediately contact a local personal injury attorney if you are involved in an accident. 

This piece explains how personal injury claims work:

Understanding What Personal Injury Entails

Personal injury is any physical harm or damage to your body, emotions, or mind. According to the law, it is often due to someone else’s negligence or intentional act. The typical causes of personal injuries include vehicle mishaps, defective products, workplace accidents, dog bites, and medical malpractices. 

A personal injury can be minor or severe and fatal in some cases. It leaves victims physically and psychologically wounded. 

Victims file a personal injury claim to receive compensation from the at-fault party. You can recover medical costs, pain, suffering, lost earnings, and property damage.

Four Elements of Personal Injury Claim

A personal injury claim must have four crucial elements for it to succeed. If you cannot establish these elements, you stand no chance of getting a positive outcome. 

First, the law requires you to establish that the defendant had a duty of care to you. In other words, under the given circumstances, the defendant should be cautious when dealing with you. 

You must go further to establish that the defendant violated the duty of care. For instance, a medical practitioner you rely on for safe treatment prescribes the wrong medication for you. That is medical malpractice. 

Then, you must prove that the violation of duty is directly responsible for your injuries. In the case of medical malpractice above, you have to establish that the wrong prescription is accountable for your worsening health condition. 

Ultimately, you must prove that you suffered damages because of the injuries. For instance, you incurred medical expenses due to your worsening condition. You also missed work and suffered pain and emotional trauma. 

You need a mountain of evidence to prove these elements. If you have no elements to substantiate your claims, the authorities will most probably throw off your case. 

The Processes of Filing a Personal Injury Claim

One of the reasons you should involve a legal professional in your personal injury claim is due to the complex procedure. A layperson will find the process tiring, complex, and daunting. More so, it can quickly overwhelm you while still nursing your harm.

The steps involved in filing a personal injury claim are:

Seek Medical Intervention

A healthcare facility should be your first point of call immediately after a personal injury incident. You don’t need to sustain physical injuries before visiting the hospital. Some sustain internal injuries, which take time to manifest.

More importantly, you need medical records to prove your claim. You cannot get an acceptable medical record without visiting a healthcare facility.

Documentation of Evidence

If you can, take photos and videos of the accident scene. Capture any nearby landmark or signage. Take photos of any property damage.

You also need the contact details of any available eyewitness. You can jot down how the accident occurred on your phone or journal so you don’t forget any crucial information.

Call the Police

One of the most crucial pieces of evidence is the police report. However, you cannot have this report if the police are unaware of the incident. That is why you must consider it a point of duty to invite the police to an accident scene immediately after the occurrence. 

You can also inform the management if an accident happens within an establishment. 

Speak with a Personal Injury Attorney

You need a personal injury attorney to help you analyze your claim and determine if you have a case. They will also calculate the probable value of your claim. They can help with documentation, interacting with insurers, and even representing you in the courtroom.

Most importantly, you need a legal representative to defend your rights during a personal injury case. The defendant will attempt to trample on your rights if they discover that you have no one to fight for you. 

The Investigation Phase

Your attorney will engage an investigator to assess the facts of your case. It will help them understand the severity of your injuries and losses. The outcome of the investigation will help them make an informed decision. 

Similarly, they will collate proof to establish your claim through the investigation. They may need to involve expert witnesses if your case is complex.

Preparation of Demand Letter

Your attorney will prepare a demand letter detailing your harm, damages, and compensation demand. They will send this piece to the defendant or their insurer. 

The letter formally informs the other party what you want to collect for your injury and damages. It signals your willingness to settle.

Settlement Negotiations

The defendant or their insurer will respond to your demands with a counteroffer. This process formally signals the commencement of negotiations. Your attorney will consider their offer, and they will reject it if it is below expectations. 

Instituting a Lawsuit

The case will go to trial if you cannot agree on an amount during the negotiations. Your fate hangs in the hands of a jury or judge. Their verdict will be binding on both parties. 

Discovery Stage

Your attorney and the defence counsel will collect and exchange evidence. This will help each party prepare their case before the hearing. Your evidence will help the defence know how to counter them. 

You can also use the information available at this disposal to build a solid case.

Trial

While the lawsuit is ongoing, negotiations can continue simultaneously. However, a jury will decide if you cannot agree up to this stage. They will listen to both parties, consider the proof before them, and make a verdict.

It is crucial to add that jurisdictional differences and the peculiarities of each case can slightly affect the steps involved in filing a personal injury claim.

How to Maximize Damages in Your Personal Injury Claim

Knowing how to maximize damages in your personal injury claim is crucial. A potent way of ensuring this is by involving a personal injury attorney in your case. They know how to capture all accident-related injuries and losses in a claim.

They will add the economic and non-economic losses you suffer from the accident. Since the latter has no intrinsic value, it can be difficult for a layperson to determine the non-economic value of their claim. That is why most people often leave them out, but when you have an attorney, they know how to handle them.

You must also have solid proof to maximize damages. As emphasized throughout this piece, evidence is central to the success of every personal injury claim. If your evidence is weak, your probability of failing is high. 

Concluding Remarks

You must take decisive actions to protect yourself when a negligent fellow or entity injures you. You can get deserving compensation when you understand how the personal injury claims process works. This article has given you an insight into the workings of personal injury claims.

However, your chances are brighter with a personal injury attorney. They will support and guide you throughout the case.