JoshHave you been injured due to someone else’s negligence? Do you want to seek compensation for damage caused, and you’re unsure of how to go about it? If your answer is yes, then you need to take a look at the details of this article.
Filing a potential personal injury claim can be quite complicated for first-timers. There are many details involved in this type of case, and it’s easy to get it wrong. Little mistakes or errors can affect your claim, and you’ll end up getting nothing. To put it simply, a trial and error technique will get you nowhere. This is why you must get it right at every step of the way.
To get through the process of a personal injury claim, you’ll need to follow a detailed guide. The steps of this guide include:
- Seek medical treatment and adhere to it
- Get in contact with a PI attorney
- Learn more information about your accident and its costs.
- Prepare a substantial claim or demand package.
- Negotiate a settlement
- Filing a Lawsuit
Seek Medical Treatment and Adhere to It
After an accident, you must pay a visit to the hospital for medical treatment and a comprehensive checkup. Seeking medical help will guarantee that you don’t worsen the injury and keep yourself safe. A thorough checkup will identify all injuries related to the accident – whether they are apparent or not. Doing this will prevent errors when stating your medical condition in the claim.
During your visit to a medical practitioner, let him or her know the extent of your injuries. Don’t hide any details about what happened and be clear about any symptoms that you may be feeling. Make sure that all the information you provide is accurate. You mustn’t exaggerate or downplay the events that occurred.
Additionally, you should stick to any treatment or drugs prescribed by the doctor. Also, attend any checkup appointments and follow the healthcare provider’s orders. Failure to adhere to treatment plans properly could affect your claim for compensation or cause it to be rejected.
Get in contact with a PI attorney
There are certain injury claims which can be settled personally. This type of claim may include those of injuries that do not cause substantial damage to the body. For instance, an accident that requires only a one-time visit to the hospital with little or no therapy.
If the nature of the injury is more severe and your treatment requires more visits to the hospital, then you may need the counsel of a personal injury attorney. The attorney will think of the most effective way to recover the medical costs which you’ve just incurred. An attorney or professional PI Law Firm will also inform you of any special requirements that are involved in the settlement process.
Learn more information about the accidents and its costs
Before going ahead with your claim, make sure that you gather all the information required about it. During this step, you’re to learn more about the accident, the injuries and damages caused. You should keep medical records and invoices intact, learn about the harm you’ve suffered, collect invoices and estimates on the damage done to your personal property, and so on.
Prepare a solid claim or demand package.
Next, it’s time for your claim or demand package. The first part of preparing a claim or demand package is to inform the person who’s responsible for the injuries about your intentions. The notice to the opposing party would be in the form of a letter with the case’s details, including liability and damages. After this, the ‘claim’ letter is reviewed by the opposing party or their attorney. In response to the message, the opposition may decide to reject the claim, submit a counter-offer, or accept it.
This step is a crucial part of the whole process, and you have to prepare a quality letter.
Negotiating a settlement
Negotiating a settlement for a personal injury claim is a great way to get compensated without a trial. The negotiation process can be likened to purchasing a sports car. Both parties will have different ideas on the value of the claim. To put it simply, you know how much you’re willing to accept, while the opposing party may have another idea on what they are willing to pay.
To reach an agreement, both parties will negotiate through a series of offers and counter-offers. If they are unable to reach a compromise, the case will proceed to a trial.
Filing a Lawsuit
Many personal injury claims are settled without proceeding to a trial. However, if negotiations don’t go on well, this step becomes compulsory. During the trial, the evidence will be presented to a jury who is to decide if it is credible or a false claim. On a final note, the judge or jury will determine how much compensation you’re to be paid.
In most PI cases, it is a jury who will decide if your evidence is credible or how much you’ll get for the claim. The only objection to this is referred to as a “Bench trial.”
The steps taken to handle a personal claim would determine if you’ll get compensated or not. You must handle everything appropriately by sticking to the processes mentioned above.