The legal process doesn’t always come with an easy-to-use, step-by-step manual, which is why it can be so intimidating to file a personal injury claim. But most personal injury claims follow a predictable pattern. And once you know the steps you’ll feel much more confident about your case.
Consider this article your user guide to the personal injury claim process. It will outline the basics of personal injury claims and how to get the best outcome for your individual situation.
What Is a Personal Injury Claim?
Let’s start at the beginning – a personal injury claim or a personal injury case is when a person is injured due to another person or group’s negligence. For example, if a person slips and falls inside a store that did not properly clear the aisle or warn the patrons – that could be a personal injury case.
Your next question might be, do I have a personal injury case? To answer that, consider the following questions:
- Did the person(s) responsible have a duty to you?
- Did the person(s) fail to uphold their duty?
- Did the person(s) cause your injuries?
- Were you harmed/were their damages?
If your answer to these questions is yes, then you might have a personal injury case. Below are the next steps in the process.
1. Contact a Lawyer
If you believe you have a personal injury case, contact a lawyer. One of the most common mistakes people make in personal injury cases is thinking they can handle the situation without proper legal representation.
A personal injury lawyer will walk you through the rest of the personal injury lawsuit process and assure you get the compensation you are owed.
2. Open a Claim
You will need to open a claim with your insurance company and the insurance company of the responsible party. Your lawyer can help you with this process.
3. Submit Demand Letter/Package
A demand letter or package includes all the evidence for your case. It will include details about the event that caused your injury as well as medical records from your treatment. Keep all documents from your healthcare providers and health insurance company. The complaint is sent to the defendant and his or her legal representation.
4. Settlement or Trial
Most personal injury cases are settled outside of court, meaning the party responsible pays the injured party a sum of money and there is no trial. In rare cases (about 5%) the case will go to trial. During a personal injury case, both sides argue their case in front of a judge and jury.
Navigating the Personal Injury Claim Process
If you have been involved in an accident and believe you have a personal injury claim, contact a lawyer. They are experts on the personal injury claim process and can help you through each of the legal steps mentioned above.
Working with a lawyer gives you the best chance at the compensation you deserve and will give you peace of mind through the process. Don’t suffer in silence, contact a lawyer.
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