How to File a Personal Injury Claim
Personal injury law encompasses a broad range of accidents from medical malpractice to slip and falls accidents as well as using faulty products. As such, the process of filing an injury claim can differ from one accident to the other. Nonetheless, personal injury claims are regulated by concepts such as severity of the injury, facts surrounding the accident, who is liable and whether or not there is an insurance policy in place for the hazard that caused the damage. Because personal injury lawsuits are different, make sure that you understand your legal rights before you make a claim. Here are the basics of what goes into a personal injury case.
Start By Finding Out If an Insurance Policy Covers Your Injuries
Before you file an injury suit, seek to know if the party to blame an insurance policy that covers the damages you intend to pursue. For instance, if you get involved in a car accident, is the at-fault driver insured? Or, does the owner of a store have a liability coverage if you slip and fall? Determining if a policy caters for your injuries is essential as it helps you know if you can recover damages when you file a lawsuit. While you might sue the at-fault party and win, getting the actual compensation amount can be challenging if party to blame is not insured or has no assets. Nonetheless, you can still sue the at-fault party whether or not they have insurance coverage and let them find a way of compensating you.
Enlist the Help of a Lawyer
Your chances of winning an injury lawsuit are always high if you have a lawyer by your side. Get in touch with an injury attorney in your area for a free consultation session. The lawyer will assess the facts surrounding your case and advise you accordingly. In most cases, personal injury lawyers work on a contingency basis, meaning that you only pay the attorney if he or she wins your case. Once the court awards a settlement amount, the lawyer will take a predetermined percentage of the money as legal fees.
Make a Decision to File (or Not File) a Suit
Typically, most personal injury cases never get to the courthouse. A settlement amount is agreed upon before a plaintiff resolves to go to court. If the liable party is insured, initiate a third party claim against the insurance provider. Start by identifying the at-fault party’s insurance provider and the policy number. Send a correspondence to carrier, letting them know that you sustained injuries and that it is your intention to seek compensation. Include your contact information, the insured’s details and the date as well as the place of the accident.Be sure not to give intricate details surrounding the accident. You will use the specifics later on when negotiating for a settlement amount.
If the negotiations don’t bear fruits or breakdown, you personal injury lawyer will help you initiate an injury suit at your local civil court. Remember that personal injury lawsuits are subject to the statute of limitations, so make sure that you file your case before the set period expires. If the limit on the time you have to sue elapses, you lose your right to take legal action against the insurance company.