If you've been hit by a car or been in an accident, you may be entitled to compensation. Whether you perceive it as a natural accident or one caused by someone's or an entity's negligence or carelessness, you must follow up to understand the compensation.
But how do you know if you're eligible for compensation? And what are the steps involved in filing a personal injury claim?
Here is a full guide to filing a personal injury claim and getting the justice you deserve.
Seek Medical Treatment Promptly
One of the first things you should do after an accident is seek medical treatment. This may be a necessary step to ensure your health and save you from future complications.
Contact your doctor as soon as possible and before starting any physical activities. They will tell if there is any internal damage caused by the accident. Also, take photographs of your bruises and cuts. Later on, they may come in handy during your claim process to show physical injury and damage caused by accident.
Understand the Process
Each state has its own rules on how a personal injury lawsuit should be filed. You should also know which insurance company to sue if multiple drivers are involved in the accident that injured you.
Any negligence on their part may entitle you to claim your damages from them through a lawsuit. Make sure to consult an experienced attorney who knows how these cases are supposed to be filed in your state before filing one yourself so that your rights are not compromised in the process.
Collect Evidence
Another important thing you should do after an accident is to collect evidence that can help prove that it was not entirely your fault due to someone else's carelessness or negligence. Anything that can provide proof, such as witnesses, photos of damages, or material objects found at the accident scene, will help in this case.
Find a Personal Injury Lawyer
Once you have sought medical attention, your next step is hiring a reputable personal injury lawyer from renowned firms such as Lamber Goodnow Law firm. In most cases, these types of cases take a long time because they are handled by both state and federal law and are always complicated. You must hire an attorney who specializes in personal injury cases. This can benefit your case and allow you to claim the maximum compensation possible.
Also, you should choose a lawyer with very good credentials, experience, and one that has represented many clients similar to yours. For example, if your accident involved an 18-wheeler truck, make sure your lawyer has litigation experience in this area of expertise.
Establish Negligence in Your Case
To win your case, you will have to show proof that the injury was caused by a negligent individual. Negligence is an unreasonable failure to do what a reasonable person would do in the same circumstances. A careful driver would have remained attentive while driving on a major freeway and not be drinking alcohol or taking drugs before getting behind the wheel.
Injuries caused in an accident may be due to another driver's carelessness, such as failing to stop at a red light at an intersection, driving under the influence of alcohol or drugs, or speeding.
Set Up Your Personal Injury Claim Quickly
Many insurance companies will attempt to settle your personal injury claim with them to avoid a trial. Once you have decided on an attorney, the lawyer must contact the insurance company and work out a settlement.
If the insurance company refuses to offer you a satisfactory settlement, you can file a state or federal court lawsuit against the at-fault driver and their insurance company. Your attorney will help you with your case.
Gather Every Detail Concerning the Case
Be sure to give your lawyer all the details and information concerning the accident. This includes what led up to it (a car cutting you off or braking suddenly in front of you, for example), eyewitness accounts from other drivers, any police reports made, and copies of police reports.
If charges were filed against someone else involved in the accident, ask for a copy of their drivers' license record (which will include their criminal background check). You may also want to get a copy of your medical records.
Prepare Yourself for Trial
You are likely to have to attend a deposition or trial. During these court appearances, you will be asked by an insurance company lawyer questions about the accident and injury that caused damages. Your attorney will advise you on how to answer these questions in court.
Negotiate for a Favorable Settlement
If you and your attorney negotiate with the insurance companies or their lawyers, the legal process may take several months. In these situations, you may have to set up a meeting with the insurance company and their lawyer.
At this meeting, you will be asked to recount your version of the accident and other relevant details. Your attorney will help you decide what to say and how to answer questions to obtain a satisfactory settlement.
Reach a Settlement or File for a Lawsuit
If negotiations for a settlement with an insurance company fail, your attorney may start preparing a lawsuit. This will entail:
Preparing legal documents describing your injury and damages that were caused by accident;
• Obtaining the testimonies of other witnesses (if any);
• Preparing evidence such as photos and videos of the accident scene;
• Arranging for an expert witness to testify on your behalf (if necessary).
After all, this is done, your attorney will file a lawsuit in court. The lawsuit will be filed against the other driver's insurance company. Usually, when both sides have prepared their cases as much as possible, they schedule a meeting or conference between their lawyers to reach an agreement.
If no agreement is reached in court, then you and the other party may have to attend several hearings until a decision is made by the judge presiding over your case. Both parties may also have to provide more evidence that supports their case.
Conclusion
A successful personal injury lawsuit can help you recover the damages you deserve. This may include compensation for pain and suffering, medical expenses, loss of wages, and more.
But before you can file a lawsuit and claim the damages you deserve, it is important to familiarize yourself with the laws of your state.
