If you are injured in an accident, whether it is at work or on the road, you may be wondering what to do next. You may be entitled to compensation for your injuries, but the process of filing a claim can be confusing and daunting. This article will provide an overview of how generally speaking the law deals with personal injury cases.
At Tom Fowler, they can guide you through the whole process of personal injury claims, from deciding whether to settle out of court to making a claim against another, gathering evidence, and then appearing in a court of law.
Contents
Creating a Record of Injuries
When you are injured in an accident, the first thing you should do is seek medical attention. It is important to get a full assessment of your injuries from a medical professional, even if they seem minor at first. This will not only ensure that you receive the proper treatment but will also create a record of your injuries which can be used as evidence in a personal injury claim.
The medical evidence will influence the amount of the settlement, with each particular injury given a level of seriousness that on average attracts a certain level of compensation. These are only a guide and what can be expected from past cases. It is for the personal injury lawyer to fight for the highest possible amount of conversation for that particular injury. This is taking into account how long someone is off work and the physical and mental trauma suffered. Some will need more medical appointments than others and have those bills to settle.
Therefore, secure medical records from your physician to strengthen your personal injury claim and get the necessary compensation. If you’re having difficulty obtaining the reports, you can seek help from a legal professional to gather the evidence you require to prove your personal injury case.
Notifying the At-Fault Party
Once you have seen a doctor and have a record of your injuries, you should then notify the at-fault party. This is the person or organization who is responsible for your injuries. In many cases, the at-fault party will be insured, and you will need to notify their insurance company of the accident. If the at-fault party is not insured, you may still be able to claim, but it will be more difficult.
Filing a Claim
The next step is to file a claim with the at-fault party’s insurance company or, if they are not insured, with your own insurance company. To do this, you will need to fill out a claim form and provide evidence of your injuries and the accident. This can include things like medical records, witness statements, and photos.
Once you have filed a claim, the insurance company will investigate the accident and determine whether or not they are liable for your injuries. If they are, they will make an offer of compensation. If you accept the offer, you will receive a settlement from the insurance company. If you do not accept the offer, you can take the insurance company to court.
However, it’s essential to know that accepting insurance settlements can be tricky. In most cases, insurance companies will execute some tactics to diminish or deny your claim. For example, they’ll ask you to make a recorded statement, intentionally or willfully delay your claim without justifiable grounds, or claim that your injuries aren’t related to the accident caused by someone else’s negligence. Due to these circumstances, working with a lawyer can be an excellent idea. For example, if you’ve been injured in a sidewalk accident and want to bring a claim, a sidewalk accident lawyer can negotiate with the insurance company on your behalf. They can protect your rights and interests to ensure a favorable outcome for your insurance claim.
Taking the At-Fault Party to Court
If you decide to take the at-fault party to court, you will need to prove that they are liable for your injuries. This can be done by showing that they were negligent or reckless. For example, if you were injured in a car accident, you would need to show that the other driver was at fault. You can do this by establishing the elements of negligence in your case with the help of your lawyer. For instance, you should demonstrate that the defendant has a duty of care toward you and that the former breached that duty, causing you injuries and damages.
Once you have proven that the at-fault party is liable, you will need to prove the extent of your injuries. This can be done with medical records and expert testimony. If you are successful in court, you will be awarded damages. These are typically much higher than what the insurance company would have offered you in a settlement. Some common economic and non-economic damages you can recover include compensation for medical bills, lost wages and earning capacity, pain and suffering, and emotional distress.
Personal injury claims can be complex, but understanding the basics of how the law deals with them can help you make the best decision for your case. If you have been injured in an accident, seek medical attention and then contact a personal injury lawyer to discuss your options.
