You may be eligible for substantial financial compensation when you have suffered an injury from someone else’s wrongful actions. Before you reach that point, you must go through an entire legal process, and what you do during this time matters. If you can effectively make your case to the insurance company or a jury and avoid any critical mistakes, you can maximize the money you receive. Thus, the process and how you handle it matters in the overall outcome of your case.
The best way to deal with the legal process is to turn it over to a personal injury lawyer. They will handle the nuts and bolts of your case from beginning to end. An experienced attorney also knows how to deal with the insurance company effectively and when to apply pressure. You are better off when you do as little as possible for your case, save for making key decisions and testifying when necessary.
The time to contact a personal injury lawyer is now. Not only do you have a limited amount of time to file a personal injury claim, but your case can get exponentially more difficult if you wait too long to get legal help. Money is the one thing that should not stand between you and a personal injury attorney. When you retain a lawyer, you do not have to pay them any money from your own pocket because they will work for you on a contingency basis. This arrangement means that you only need to sign an agreement promising to pay them a certain percentage of your case should you receive any money. Thus, you do not need to spend money to get a personal injury attorney working in your corner.
when you have suffered an injury in a car accident, after receiving medical attention you must reach out a reputable car accident lawyer to protect your rights and pursue justice.
Here is what you need to know about how to file a claim for your accident injuries and what you should do after you have suffered an injury.
Seek Medical Attention
Before you can file a claim, you need to know the extent of your injuries. The medical records that your physician provides will form part of the basis for your compensation. Even more importantly, your health can be on the line, and prompt medical treatment can increase the chances that you may make a full recovery. At the same time, delaying medical care can harm both your health and your legal case. In any personal injury case, you must mitigate your damages, and seeing a doctor as soon as possible is one way to meet that requirement. If you wait too long to get medical care, insurance companies may claim that you made your injuries worse and may not want to pay you everything you claimed as damages.
Notify Relevant Parties
Depending on the circumstances of your accident, you may need to notify one or more parties. For example, if you have suffered a slip and fall injury, you must inform the property owner (or the person who effectively controls the property) of what happened. If your injury occurred in an Uber or Lyft accident, you will need to inform the rideshare company.
You may also need to report your accident to one or more insurance companies. No matter who you are talking to (including your own insurance company and any adjuster), you should not give too much information about the accident. Insurance companies are known for using your own words against you and even taking what you say out of context. Preferably, you should have a personal injury attorney handle as many communications as possible, making it even more important to get legal help right after your accident.
Hire a Personal Injury Lawyer
Before you file a personal injury claim, you need to secure the services of an attorney who can represent you throughout the process. Avoid thinking that you can get more money if you do not have to share the proceeds of your case with a personal injury attorney. Without a personal injury lawyer, you may not qualify for any money because you may be unable to prove fault, or someone can blame you for the accident.
When you are against an insurance company, you need someone with experience handling your type of case. Insurance companies go into every claim with the intent of saving themselves money. They may do anything to make your claim more complex to wear you down and avoid full payment.
To hire a personal injury lawyer, you will schedule a free initial consultation where you will speak with them about your case. If that attorney is a match, you will hire them for your case by signing a representation agreement. Then, your personal injury lawyer will spearhead your case, handling all the details and communications with the insurance company. Their efforts will keep you from involving yourself in a legal process that may be out of your depth and capacity.
Gather Evidence That Proves Fault
Before you can file a personal injury claim, you need to collect evidence showing that someone else was at fault for the accident. Once you establish that someone was negligent and was the cause of your injuries, you will have a legal right to compensation.
If you are filing an insurance claim, it must include proof of what happened. The only way to show that someone else was negligent is if you have evidence to establish what they did or did not do in the circumstances surrounding your accident. You may have been unable to collect this evidence at the scene of your accident because you suffered an injury. Assuming that someone else did not collect it for you, you must have a personal injury lawyer launch an immediate investigation. You only have so much time to collect evidence before it is lost to you forever, making your case much more difficult to prove. A personal injury lawyer may struggle to gather evidence when you hire them too long after the accident.
If you file a personal injury lawsuit, you may get access to other types of physical evidence in the defendant’s hands. Your personal injury attorney may also speak to their witnesses and learn more about the facts in a deposition.
Quantify Your Damages
Before you file a claim, you need to know what you are claiming in damages. You will seek a specific amount representing the harm you have suffered due to your injuries. This calculation is important because you cannot return for more money if you underestimate the amount of your damages, making it a challenging situation.
Your personal injury attorney can only tell you how much your case is worth when they have some clarity on your health condition. You may not know your future prognosis when you hire your personal injury attorney. Once you reach the point of maximum medical improvement and understand what you are facing in the future, your personal injury attorney will work to calculate your damages. Depending on the complexity of your case, they may work with expert witnesses to make these calculations. For instance, if you claim lost earnings, a lawyer can work with a vocational expert to understand how much you could have made at your job.
Submit a Claim to the Insurance Company
Your personal injury attorney may advise you to begin the compensation process by dealing first with the responsible party’s insurance company. If its policyholder was at fault for your accident, the insurance company must pay you up to the policy limit amount. Moreover, the insurance company has a duty to defend its policyholders, meaning you must deal directly with them instead of the responsible party.
There are two ways that you may approach the insurance company seeking compensation:
- You can submit an informal claim to the insurance company, which seeks compensation for your injuries.
- You can submit a more formal demand letter, threatening to file a lawsuit in court if the insurance company does not pay you the full amount you seek.
Your claim should be thorough and persuasive regardless of how you seek compensation. You must put forth a compelling case for compensation, which makes the insurance company realize it needs to pay you. It is also vital to thoroughly document your damages so as not to give the insurance company any reason to challenge or minimize them.
A personal injury attorney can draft your claim or demand letter and file it with the insurance company. Your personal injury lawyer has experience in dealing with insurance companies, and they know what an adjuster is looking for in your claim.
Negotiate Personal Injury Compensation
Negotiating personal injury compensation is the most detailed and involved process for your claim. Insurance companies may readily concede liability because they know their policyholder was at fault. However, they will often make negotiating compensation difficult because that is how they do business.
Insurance companies may begin the negotiation by making you an initial settlement offer. However, it rarely makes sense to accept this offer because it is likely only a tiny percentage of what you deserve in compensation. You and the insurance company often begin settlement negotiations with a vast gulf in your positions. It is up to you to decide whether you want to continue negotiating with the insurance company.
After consulting with you, your personal injury lawyer will reject any offer that is not in your best interest, and they may propose a counteroffer to the insurance company. The negotiation process often unfolds over a matter of many months. Depending on the value of your case, it can even take more than a year to reach a settlement agreement. Along the way, your personal injury attorney may threaten the insurance company with a lawsuit, which is the trump card that you are holding.
File a Lawsuit in Court
You may need to claim injury by filing a lawsuit against the responsible party in court. Sometimes, you may begin your case in court instead of going through the more informal claims process. Everything depends on the advice of your personal injury lawyer and the facts of your case. They may have experience dealing with this specific insurance company and know you are better off leading with a personal injury lawsuit.
You can also file a lawsuit if the claims process is not going how you want. Insurance companies can deny your claim entirely, or they may persist in trying to blame you for the accident. They may drag out the settlement process and be on a completely different page regarding your compensation. Either way, you can claim injury in court and let the jury decide the matter. Filing a lawsuit does not automatically close the door to a settlement. It is one step in the legal process, and you will likely continue to negotiate until your case goes to trial. You may even engage in mediation, which can lead to a settlement. If you cannot settle your case, your personal injury attorney will try the case in front of the jury.
Hire a Personal Injury Attorney as Soon as Possible
Hiring a lawyer can level the playing field between you and the insurance companies. You may be at a significant disadvantage when negotiating and settling your claim without legal representation. A skilled personal injury lawyer will fight for your rights and work tirelessly to ensure you receive fair treatment.
A lawyer can also provide invaluable support and guidance during a challenging time. Dealing with a personal injury can be physically, emotionally, and financially draining. Having a lawyer by your side can alleviate stress and burden, allowing you to focus on your recovery. They will handle the legal aspects of your case, communicating with all involved parties and advocating for your best interests.
If you have suffered an injury in an accident, it is essential to seek the help of a personal injury lawyer. They will handle the claims process, negotiate with the insurance companies, and provide support. Do not face this journey alone – enlist the experience of a trusted Mississippi personal injury attorney who will fight for the justice you deserve.
