What You Should Do Before Filing an Injury Claim

You’ll encounter a difficult situation after an accident, such as piling medical bills, diminished quality of life, and more. Almost all spheres of your life will be impacted after the accident.

According to data for car accidents in Wasilla, more car accidents occur than we think. If you or a loved one has been involved in an accident recently, you should consult with a car accident attorney or a personal injury lawyer.

Steps for Filing a Personal Injury Claim

You likely have an injury claim if you have suffered a loss resulting from the negligence of another person or party. Simply put, a successful injury claim attracts compensation for property damage or/and bodily injuries.

Regrettably, the recovery process isn’t as simple as it sounds because each case is unique and can be influenced by different factors, including:

  • The facts of your case;
  • The evidence presented:
  • Your legal team and that of the other party;
  • The applicable laws in your jurisdiction;
  • The severity of injuries;
  • The complexity of the case;
  • Cooperation of the defendant, and more.

The best part is that most claims settle before they reach the last stage on the list. Although each case is unique, this article is a step-by-step guide to filing a successful injury claim.

  1. Seek Medical Care

You should seek immediate medical treatment after an accident according to personal injury law. This process involves visiting your primary care or the nearest hospital. 

Car accident survivors are advised to seek immediate medical attention because some symptoms do not manifest immediately after an accident has occurred. However, even the worst symptoms and injuries can be detected and prevented with an early examination. Your medical records can also serve as crucial evidence if the case goes to court.

  1. Document the Medication Process 

Claimants should document everything related to their loss, including:

  • All bodily injuries, 
  • Property damage;
  • Medical treatments underwent, and 
  • All medical and other costs related to the accident. 

It’s essential to collect evidence at the scene of the accident and use it to prove how the accident has impacted your life. Hospital visits lost opportunities to earn, lost wages, and medical bills should be included in your claim.

  1. Legal Consultation

You can bring an injury claim without legal representation. However, hiring a personal injury lawyer can increase the chance of winning your case. 

Personal injury lawyers offer free initial consultations for legal counsel and review of their potential clients’ cases. You can ask anything related to your case in a legal consultation.

  1. Investigating the Accident  

It’s time for the lawyer to interview their client—the claimant after being hired. The interview helps the lawyer learn more about the accident, injuries, and medical treatment. 

Your attorneys will likely request your medical treatment records at this point. Additionally, your lawyer may involve other experts, such as accident reconstruction specialists, doctors, investigators, and more, to build a strong case.

  1. Establish Fault—Negligence

Personal injury cases are based on negligence.  In personal injury law, negligence refers to failing to use reasonable care to avoid harming others. For instance, driving under the influence can be used to establish negligence. 

Proving negligence can be difficult without legal representation. Fortunately, a skilled personal injury attorney can help you navigate this step successfully.

  1. Serving a Notice of Claim

You cannot bring an injury claim against another person without informing them. A notice of claim is served to all parties to an accident, informing them of your intention to file an Injury claim.

Serving a notice of claim is also known as “service of process.” The notice of claim is typically delivered by a professional process server, court official, or law enforcement officer.

  1. Negotiating the Settlement 

You’ll want to have a personal injury attorney at this point, even if you don’t think they’re important. An Injury attorney can help you negotiate with the defendant or their legal team, or insurance company to avoid litigation. 

Your attorney will try to negotiate a fair settlement because they have your best interest. Most personal injury claims settle at this stage, although some go to trial if an agreement cannot be reached.

  1. File a Lawsuit

Filing legal action is usually the last option, and it simply means taking the case to court. Filing a lawsuit initiates the discovery phase, where all parties investigate each other. 

  1. Attempt Mediation

Both parties (plaintiff and defendant) are given another chance to amicably settle the case after the end of the discovery phase. This process is done through mediation, which involves a meeting between the two sides and a neutral party—a mediator. 

The mediator helps the plaintiff and defendant resolve the case amicably. The case advances to trial if mediation is unsuccessful.

You should be compensated for the loss incurred after an accident. Consult with a local personal injury attorney today to resolve your case.

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