Making a personal injury claim can be confusing if you go it alone. An expert solicitor can provide advice to guide you and help achieve the best possible outcome so that you can move on with your life.
Do you need legal advice? Our Find a Solicitor website can help you. Search through our easy to use database of over 140,000 legal professionals and find the best solicitor to suit your needs in your local area. www.lawsociety.org.uk/findasolicitor
For more information on personal injury law go to: www.useaprofessional.co.uk/injury
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PERSONAL INJURY CLAIM PROCESS EXPLAINED | PERSONAL INJURY LAWYER
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Personal Injury Claims
As personal injury attorneys, one of the most common questions we are asked is whether or not a personal injury claim should be filed after an accident or injury and what to expect. In this article, we provide our readers with insight on what steps should be taken immediately after an accident, when they should file a personal injury claim, what they can expect if they do file a claim, how fault is established and what goes into estimating how much a claim may be worth. Taking the proper steps after an accident can help support your case and protect your legal rights.
When to file a Personal injury claim?
If you have been in an accident or suffered an injury due to the negligence of another person or business, then you have the right to file a personal injury claim and be compensated for damages. The time limit from the date of the incident to when a lawsuit must be filed is known as the Statute of Limitations. Each state is different. For instance, in California, the statute of limitations for an injured victim to file a lawsuit in a personal injury case is two (2) years from the date of the incident. It is important to work with an attorney because if you do not file a lawsuit within the statute of limitations then you are forever barred from pursuing your legal claim.
What to do immediately after an accident or injury?
Take notes
One of the most important things you can do after an accident is to take detailed notes on everything about the accident including:
Pain and injuries
How the accident happened
Date and time
Any information you can gather about the parties involved and witnesses
Conversations with witnesses
What you were doing
Where you were headed
Taking detailed notes will help you establish your case and be useful later when dealing with medical doctors, insurance adjusters, and attorneys.
Preserve evidence
The first couple of days after an accident are the most important for gathering and preserving evidence. The more evidence you have the stronger your personal injury claim will be. You should take the time to return to the scene of the accident as soon as possible. Take photographs from different angles and talk to anyone who may have witnessed the accident. Also take photographs of your injuries. This preparation can directly result in larger settlements from insurance companies when they see how prepared you are to make your case.
Gain access to your medical records
You will need access to your medical records if you file a personal injury claim. You may need to prove that your injuries are the result of the accident and not a previous medical condition. Also, there may be a disagreement about the severity of your injuries. In many cases, medical records are a key component of the case.
The federal Health Information Portability and Accountability Act (HIPAA) gives patients the right to acquire a copy of their medical records from any medical provider.
Fault: How do I prove who was responsible for an accident?
In the majority of personal injury cases, you will be making your claim with an insurance company and negotiating with an insurance adjuster, not with a judge in a courtroom. You won’t be expected to use legal language when speaking to the insurance adjuster. In plain language, you will need to give an honest account of what happened and why you believe the other party was at fault. If it’s a fair settlement, insurance companies will usually choose to pay sooner rather than later. Insurance companies understand that if they wait, they run the risk of having to pay more in medical expenses, attorney fees, and court costs.
Damages
When it comes to personal injury claims, how much your case is worth depends on damages. Damages are decided by how much the injuries cost physically, mentally, and monetarily. Damages are paid to the plaintiff by the defendant or the defendant’s insurance company. The plaintiff is the person who filed the claim and the defendant is the person or company who is legally responsible for the accident. Some damages are easily quantified, like medical bills and property damage. Other damages, like pain and suffering or any limitations caused by the injury, are more difficult to accurately assess. The most common types of compensation in personal injury cases are:
Income
Medical treatment
Property loss
Pain and suffering
Emotional distress
Loss of enjoyment
Loss of consortium
Punitive damages
00:00 Disclaimer
00:17 Personal Injury Claims
00:51 When To File A Personal Injury Claim?
01:46 What To Do After An Accident Or Injury?
03:59 How Do You Prove Who Was Responsible For An Accident?
04:50 Damages