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Tips for Filing a Personal Injury Claim

With a number of ways you can get injured comes a variety of personal injury cases. Every case can be different and unique, and you need someone with a lot of experience in handling sensitive matters like this. Without guidance, you’ll have a tough time figuring out how to manage your paperwork as well as file it to the right place.

In this article, we’ll give you a broad overview of how to file your injury claim. With these key considerations in mind, you’ll be able to determine the best course of action and make your case. Plus, if you believe that insurance didn’t pay enough attention to your case in court, they’ll be carefully listening.

Check Your Insurance Policy

In the situation when you’re injured and someone else you take the blame, you’ll need to find out whether that person has insurance coverage that will kick into cove any injury claim you want to make. Especially when it comes to car accidents, other driver’s insurance is obliged to cover your expenses.

This information is incremental as it determines whether you’re able to collect any damages or you need to take your case to the judge. Having a judgment all in your favor is one thing, but the process of collecting it can be much more complicated.

When the defendant doesn’t have active insurance in place or extraordinarily little, there won’t be a way to cover your expenses. In that case, it might be good to talk to some personal injury attorneys that will explain the process and give advice on your next legal move. If you weren’t hurt or if the damage was minimal, or the fault for the accident isn’t clear-cut, you might want to think twice before filing a lawsuit.

Analyze the Injuries and Their Consequences

Suppose your injuries are significant, and it’s clear that they’re the consequence of someone else’s negligence or aggressive driving. In that case, your attorney will advise you to proceed regardless of the insurance involved. The lawyer will help you estimate the insurance settlement and determine and prove the fault in the accident. With these two in place, you have a strong base for a case that will have a favorable outcome. And that’s the time to start considering whether you have a case or not.

After an accident, if the plaintiff has to get medical care of any kind, the defendant must pay for all of their medical bills. Of course, if there’s a treatment involved or even a minor operation, all those expenses are the responsibility of the defendant’s insurance, if they have one.

That’s why medical bills and any related paperwork are important proof in a personal injury case. And, if there’s a chance of long-term injuries or disability, that medical record is by itself a reason to file a lawsuit that will include different components of damages and the medical care already received.

Job Loss

Compensation for lost wages or income is another important aspect of damages award in any personal injury case. This includes payments for any work that plaintiff couldn’t do because of its injuries or time spent in the hospital. Even if you could take your vacation days, you should be compensated for all the time you were in the hospital. However, if you cannot work, a financial expert might have to come and give you their opinion on the future lost income and your earning capacities.

Since an injured person’s medical bills and lost income are seen as economic damages, they can be captured with a dollar figure relatively easily. But another main component of any personal injury case is “non-economic” damages that include the compensation to anyone’s pain and suffering during the accident.

Emotional Distress and Anxiety

These subjective effects of the injuries and stress include physical pain caused by the accident itself, physical discomfort that resulted from necessary medical treatment and anxiety, sleeplessness, and other phycological effects of the accident. By asking the right questions, your solicitor and psychologist will see whether you suffered from the accident and create a report for the judge to analyze.

When an accident or injury has a strong impact on a plaintiff’s mental health, a claim for emotional distress might be in place. However, in some cases, it takes time before there’s proof, such as a medical diagnosis that supports the plaintiff’s claim.

Decide Whether to File a Lawsuit

As you’ve heard, the vast majority of personal injury cases settle before trial and get resolved before a civil lawsuit is even filed. That only shows how the system works and how to get compensation without running to court and filing a lawsuit. Also, when both sides in the case have insurance coverage, it’s significantly easier to resolve the dispute and end the case even before it started.

Settling the Personal Injury Claim

Usually, there are three main reasons why a specific personal injury claim might drag out. Those are problems with the paperwork, when a big settlement amount is in the discussion, and when the defendant is still recovering. In all these cases, it will take more time until you settle the case, and if you’re in a hurry, you might get a settlement, but it will be far from what you’ve expected.

Other problems with the case might be related to liability problems and the scope of damages. Suppose the liability is extremely hard to prove, and there are no cameras to support any claim. In that case, the insurance adjuster won’t be interested in making an offer until your lawyer shows considerable willingness to fight and take the case to court.

Making the Right Decision

One of the best decisions you can make if you’ve had an accident is to hire a personal injury lawyer immediately. With someone experienced by your side, you’ll be able to calculate your risks as well as make good decisions.

If you have a personal injury case that will stand in court, the lawyer will help you understand the process as well as give tailored advice and lead you towards the settlement you had planned.

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