If you’re involved in an accident the last thing you’re thinking about is the legal process. You’re concerned about missing work, potential lost wages, damaged property, and treating your injuries.
However, eventually, you’ll need to start thinking about a personal injury claim. This means understanding the steps to file an injury lawsuit. While understanding the various steps isn’t going to turn you into a personal injury attorney, it can make the process go a little more smoothly. Here’s a look at the steps you’ll need to take to file an injury claim.
Steps to Filing a Personal Injury Claim
Every injury case is unique. However, almost all will follow these simple steps.
Get Medical Treatment
Before you can file an injury claim, you’ll first need to prove you are suffering from a medical condition. The condition doesn’t have to be permanent; however, it does need to be caused as a result of the accident.
To prove your injury case, you’ll need medical documentation, which means a visit to the emergency room or an appointment with your primary care physician. Seeking medical treatment is also common sense after an accident. Even if you don’t have obvious injuries, there can still be internal organ damage.
Some injuries aren’t immediately obvious. Instead, they develop over time. Even if it’s a few weeks after the accident, if you experience any pain, make sure you immediately contact your physician.
Gather Your Documents
What documents do you need to prove an injury case? This can vary depending on your unique situation.
In the best-case scenario, your injuries aren’t severe, and you can start collecting evidence at the accident scene. This involves taking pictures of the site and of any visible injuries you’ve sustained. You should also get contact information from any witnesses since your attorney and insurance adjusters will probably want to interview the witnesses at a later date.
Take the time to carefully gather up all of your medical records. To be safe, go ahead and include your medical history before the accident. You never know what you may need to prove your injury case in court.
The defendant’s attorney may try and claim your injuries are part of a pre-existing condition. If successful, your claim may be denied. Thinking ahead of what documents you may need can help prevent lengthy court delays.
Remember, you cannot receive compensation for your injuries until your case is resolved. You don’t want to go through unnecessary delays as your bills continue to pile up.
Talk to an Injury Attorney
You want a specific type of attorney to represent you in your injury case. An experienced accident and injury attorney knows the ins and outs of the court system. They’re familiar with the process and can effectively keep your case moving along.
In other words, if there’s a divorce attorney in your family, politely decline their services and work with someone with real experience in your specific type of case.
Along with being familiar with the legal process, an injury attorney is also aware of any filing deadlines. Yes, there’s a time limit to file an injury claim. In most instances, you have three years from the accident date to file an injury claim. Every case is unique, and this can affect filing deadlines, which is why it is usually best to work with a licensed accident attorney.
Submit a Settlement Offer
Chances are, the defendant’s insurance provider has already made a settlement offer. The first and often second offers are usually lower than the total amount of your medical bills. Property damage and lost wages combined.
Sometimes, filing a claim in court can push insurance adjusters along. Don’t be surprised if the next settlement offer is closer to what you’re asking for in court. Overall, it’s cheaper for the insurance company to pay out instead of going to trial.
However, if the final settlement offer is too low negotiations, frequently continue up to the court date.
Continue Negotiations and Wait for Your Check
Hopefully, you’ll continue negotiating with the insurance company and reach an acceptable settlement. If this happens, congratulations, you’re almost done!
There’s some paperwork to sign and submit to the court. Don’t worry, your attorney will take care of submitting any necessary paperwork. After the paperwork is filed, all that’s left is to wait for your settlement check to arrive. How long it takes depends on the insurance company and occasionally on your mail service—some are ultimately faster than others.
Deposit your check and focus on recovering from the accident. Are you wondering about attorney fees? Most attorneys collect their fees when a settlement is reached. This includes any expenses related to your case. For example, court filing fees. These charges are often deducted from your settlement check. This way, the check you receive belongs entirely to you.
Go to Trial
In a perfect world, your case won’t go to trial. You’ll reach a settlement everyone can live with. Unfortunately, this doesn’t always happen and you find yourself sitting in court. The only bright side is you’re sitting at the plaintiff’s table and have an attorney by your side.
As the plaintiff, it’s your responsibility to prove your injury case. The defendant’s attorney will be working diligently to disprove your claims. Remember all of the documentation you’ve gathered and saved, this is when you’ll use it. The more documentation you have, the better your chances of proving your case.
Once both sides have presented their arguments, your case rests in the hands of the presiding judge or jury. Here, you can usually opt for a trial in front of a judge or a jury. There are benefits to both, and it’s ultimately up to you and your attorney to decide which one is the best approach to take for your case.
Talk to an Attorney Before Filing an Injury Claim
While you may feel capable of navigating the complexities of taking your injury claim to court, proceeding without legal representation certainly isn’t advisable.
It’s essential for you to have an attorney at your side who possesses a comprehensive understanding of the legal process, ensuring that every aspect of your case is handled with expertise and precision.
