Personal injury incidences are numerous, just like their causes. According to a survey, up to 37.9 million people visit emergency departments due to injuries annually. These can include anything, from road accident victims to trips and falls or medical malpractices.
Accidents can be shattering, depending on the severity. The financial constraints are even worse, especially if you’re the breadwinner.
That’s why you may consider filing a personal injury claim to pay for the damages. But this isn’t always a straightforward process, and no two different causes have a similar requirement. Many cases fail, and victims go uncompensated due to poor legal filing.
Scroll through this article to get the three significant steps to take in your pursuit of justice.
1. Find Out if There’s an Insurance Coverage Before Filing Lawsuit
Find out if the perpetrator has insurance coverage over the incident.
It’s possible not to receive compensation, even with judgment in your favor. That happens especially if the defendant has no insurance coverage to cater for the damages and no worthwhile assets.
Again, you don’t have to file a claim if the cause of the incident isn’t clear or you have no evidence to tie the defendant. But if your case meets merits, go ahead and send a notice of claim to the perpetrator’s insurance company.
You may consider working with a competent personal injury lawyer to guide you through the process. For a bike accident, see this guide by sweetlaw.com.
2. Prepare the Facts and Get Ready for Response
After receiving your notification, the insurance company will respond in four ways. They can accept the fault, deny, ask for additional information, or notify you of another claim. It’s better if they admit the liability since that means you’ll go into negotiating the compensation.
But, a denial or request for additional information may mean a possible court trial. Also, a notice for another claim could mean proceeding with the lawsuit. The defender can blame you for another fault relating to the original claim.
Also, they could introduce another possible defendant or blame another party for partial or whole involvement in the incident. The information you prepare will determine the case’s final judgment in all situations.
3. Proceed to Trial
The trial stage is one of the most critical steps in your personal injury claim process. It’s the section where you convince the court and the defendant party(s) of your claims.
You should prove that your damages result from the incident and that the defendant is liable for the cause of your injury.
This stage typically has six parts. Every section is vital and requires professional acuity.
The first step involves the selection of jurors, followed by opening remarks from both sides. The statements from witnesses come next, after which both the attorneys ask them questions.
Next, both attorneys give their closing remarks. The jury receives a set of standards to apply to the case and then review and discuss the details of the proceedings. The last part is the judge’s representation of the final judgment, including settlement terms.
Filing a Personal Injury Claim
Filing a personal injury claim is an excellent way to get justice for your damages. However, it can be confusing for a novice. Thus, it would be best to consider walking the path with a knowledgeable personal injury attorney.
Most of these professionals work under contingency agreements. That means you don’t need to pay anything initially, and the attorney only takes an agreed percentage from your compensation.
Keep checking this website for more legal advice and guidance.