Personal injuries can occur due to medical malpractice, slip and falls, car accidents, injuries from work, and more. When you experience such, you can file a personal injury claim. However, it may not be that easy to get what you deserve.
That's why before you file an injury claim, you should understand the following:
1. Process Of A Personal Injury Claim
Every claim is different, so the length to complete the personal injury claim varies, too. Raphaelson Levine has an article they wrote regarding the length of settling a claim wherein it may take hours or months to finish.
To know how long the process of settling your claim will take, here are the basic stages of injury claims you can refer to:
- Meeting With An Attorney: In this step, your lawyer will determine if you have a case or not based on the information and details you provide.
- Notifying Insurance Companies: After you meet with your personal injury lawyer, the latter will send letters to report the claim and accident to involved parties. In here, your lawyer will indicate that further communication will need to go through your lawyer's firm.
- Gathering Evidence: This phase includes photographing the accident scene, requesting copies of investigative reports, and collecting other relevant information to support your claim.
- Obtaining Documentation Of Your Medical Records And Loss Of Earnings: These documents are essential to substantiate your claim since the settlement you receive will be based on your losses and medical expenses.
- Submitting A Demand To The Insurance Company: After your lawyer evaluates your damages and losses, they'll submit a demand to the insurance company. If the insurance company agreed on the amount, then you'll receive your claim. However, if the insurance company doesn't want to accept the amount, you can file a lawsuit.
2. Establishing Negligence Is Important
One of the elements of a personal injury claim is negligence. If you're the injured party and you're after a claim, proving that the other person involved is negligent will be your responsibility. It also includes proving that the person's negligence causes your injuries. Thus, requiring you to file a claim for damages and injuries.
3. Limited Time To File A Claim
Settling personal injury claims has a time limit, that's why the filing needs to be done promptly. Thus, you should file a claim immediately after the accident happened.
Depending on the state you're in, statute of limitations may vary. But, in general, it refers to the maximum time the state gives you to start your claim. For instance, if your state laws have two years of statute of limitations, you must file your claim within said period. After two years have lapsed, you can no longer demand a claim.
4. Medical Treatment Is Vital
Since time is essential to make your claim, you must immediately seek medical attention after acquiring an injury. Don't wait for injuries to worsen before you get treatment. Instead, you need to consult a doctor, even if it's just a simple slip on the floor.
Some symptoms of injuries can occur days after the accident occurred. For instance, if you slipped and hit your head on the floor, you may not know if there's internal bleeding unless you go and seek medical treatment. It's better to have yourself examined so you can prevent worsening the injuries.
Moreover, most insurance companies may question the validity of the injury if medical treatment is done days after the incident. They may claim that other events may have caused such injuries and not the accident you've claimed. With immediate medical treatment, you can substantiate your claim.
You can get the right amount of settlement in cases of personal injury claims if you do it right. That's why knowing the sections above will help you win your settlement claim. Your personal injury lawyer will help you shorten the process of settling your claim because they know that time is essential in this case. They can also help you establish negligence that caused you injuries or damages to your properties.
Although your injury lawyer will do most of the work, you need to help by getting medical attention immediately. That way, you can better substantiate your injury claim.