Personal Injury claims are filed when people are harmed as a result of another party’s carelessness or wrongdoing. These claims try to make up for the losses the aggrieved party has incurred, both materially and psychologically.
If you’re contemplating filing a personal injury claim, it’s normal to have questions about the process. At KBL Law, our experienced legal experts are here to guide you through the stages of a personal injury claim. We have outlined the key stages of the process to help you gain a better understanding of how your claim will unfold.
Types of Personal Injury Cases
There are various types of Personal Injury cases that can arise from different situations and accidents. Some common types of personal injury cases include:
- Motor Vehicle Accidents
Motor vehicle accidents, including car, motorcycle, and truck accidents, are a common cause of personal injury claims. These cases involve injuries resulting from collisions or other road accidents.
- Slip and Fall Accidents
Slip and fall accidents occur when individuals are injured due to hazardous conditions, such as wet floors, uneven surfaces, or poorly maintained premises.
- Product Liability
Product liability cases arise when individuals suffer harm due to defective or dangerous products. This includes defective consumer goods, pharmaceutical drugs, or faulty machinery.
How to Make a Personal Injury Claim
Making a personal injury claim involves several important steps to ensure you have the best chance of receiving fair compensation for your injuries.
- Seek Immediate Medical Attention
The first and most crucial step is to prioritize your health and seek immediate medical attention for your injuries. Prompt medical care not only ensures your well-being but also creates a record of your injuries and their treatment.
- Gather Evidence
Collecting evidence is crucial for building a strong personal injury claim. This includes:
- Documenting the Scene: Keep a record of the incident with pictures or videos. Make sure to include any dangers or hazardous situations that may have contributed to the incident.
- Collecting Witness Statements: Get contact information from any witnesses who saw the accident occur or have relevant information about the incident.
- Preserve Documents: Keep records of all medical treatments, bills, receipts, and any other documents related to your injury and its impact on your life.
- Contact a Personal Injury Lawyer
If you’ve decided to move forward with your personal injury claim, it’s important you consult with an experienced Personal Injury Lawyer. They will represent your interests throughout the claim, safeguard your rights, and give you advice on the legal procedure.
- Assess the Strength of Your Case
During the initial consultation with your lawyer, they will evaluate the strength of your case by reviewing the evidence, assessing liability, and considering the extent of damages you have suffered.
- File an Insurance Claim
Notify the relevant insurance company (such as an auto insurance company, property owner’s insurance, or employer’s insurance) about the incident and your intention to file a claim. Follow their specific procedures and provide them with any information they require.
- Calculate Damages
Work with your lawyer to determine the value of your damages, which may include medical bills, lost pay, pain and suffering, emotional distress, and future medical costs. A thorough evaluation will ensure that you seek appropriate compensation.
- Negotiate a Settlement
To reach a just payment, your lawyer will negotiate with the responsible party’s insurance provider. They will fight for your rights, ensuring you the maximum amount of compensation for your injury.
- Consider Alternative Dispute Resolution
If a settlement cannot be reached through negotiation, alternative dispute resolution methods like mediation or arbitration may be pursued to resolve the claim.
- Prepare for Litigation
If all attempts at settlement fail, your lawyer might suggest suing the responsible party. As part of the litigation process, they will assist you in filing a statement of claim, conducting discovery, and getting ready for trial.
- Trial and Resolution
In the event that your case goes to trial, your lawyer will argue your case in front of a judge and/or jury. Based on the evidence presented, the court will decide who is at fault and award the appropriate compensation.
In the event of a Personal Injury, it is important to take appropriate action promptly. Seek medical attention, preserve evidence, and consult with a personal injury lawyer to understand your rights and pursue the compensation you deserve.