The procedure of filing a personal injury claim can be perplexing. After all, most individuals do not anticipate being the victim of a personal injury, and they do not explore their options until they are injured.
Nevertheless, with the assistance of an attorney, you may go into the procedure well-informed about personal injury law and with a well-prepared personal injury case to obtain the reimbursement you deserve.
Seek Medical Attention
The first thing you ought to do if you are hurt in an incident is seek medical attention. That is, if you have even the slightest suspicion that you are injured, go to the emergency department, urgent care, or schedule a consultation with your doctor.
Not only is this the best thing to do for your physical well being, but if you delay seeing a physician following an injury, the insurance adjuster and court are likely to believe that your injuries were not significant.
Contact a Skilled Personal Injury Lawyer
It is critical to contact a personal injury attorney as soon as possible following an accident. Many people will approach you to fill out paperwork. Those people include:
- Medical care providers
- Your insurer
- Agents of the accused
Some of this paperwork could be required, while others may just be an insurance company’s efforts to reduce the amount of money they will have to pay on your claim. It is best to have an attorney assist you in completing all paperwork following an accident and in making any verbal statements to an insurance company.
An Attorney Evaluates The Claim And Examines The Health Records
One of the first things your attorney will do is meet with you to obtain all of the information necessary for the attorney to move forward with your claim. The attorney is interested in learning all of the information you have regarding the incident, your injuries, your medical care and expenses, your lost wage, your property damage, and your pain and suffering. Your attorney must know as much about the case, if not more, than you do, to be able to respond to all inquiries thoroughly.
The attorney will then obtain all of the documents regarding your medical treatment and expenses incurred, lost wage, and other damages sustained. This process can take months.
Lawyer Thinks About Presenting a Demand and Negotiating
Most personal injury cases involving relatively minor accidents resolve without the need for a suit to be filed. If the attorney believes the matter may settle short of suit, they will send a demand letter with complete documentation to the opposing lawyer or the opposing side’s insurance provider, in an effort to commence settlement negotiations.
A competent attorney will not submit a demand or file a lawsuit until the claimant has attained maximum medical improvement (MMI). MMI occurs when the claimant has completed all medical care and is as healthy as feasible. No one is able to accurately value a claim until the claimant has attained MMI.
A Personal Injury Suit is Filed
If a case cannot be settled out of court, a lawsuit is filed. The process of filing and prosecuting a lawsuit is called litigation. The lodging of the suit begins the countdown to when the matter may proceed to trial. Pretrial processes vary by state, but a personal injury claim will typically take 1-2 years to reach trial. You must file a suit within stringent time constraints established by each state in a law known as a statute of limitations. With decades of experience handling personal injury cases, Youd Law has the necessary resources to lodge a successful claim process against a negligent party. To understand more about the personal injury claim process, schedule a consultation with an expert Salem Personal Injury Lawyer today.