Want Compensation? A Step-By-Step Guide on the Personal Injury Claim Process

An expected accident can leave you in a completely vulnerable situation. It may feel like there are a million tasks to get through after you’ve experienced a personal injury. From getting medical attention to applying for compensation, every task becomes a burden and overwhelming to handle.
But don’t worry anymore. Every personal injury claim is different based on specific facts. However, from one point to another, the claim will progress through steps similar to those of an insurance claim. Wondering what these are? If yes, here is a list that you can consider in this blog:
First, Consider Initial Consultation
To begin the claim process, if you have hired a personal injury lawyer for your help, they will meet you and discuss the circumstances. This will offer you an opportunity to discuss any concerns that you may have. Typically, the topics discussed will include the following concerns:
- How did the accident occur?
- Who was involved in the accident?
- Who do you think may be liable for causing the incident?
- What injuries were sustained as a result of the incident?
- What treatment have you received for any injuries sustained?
Your lawyer will get the details on the concerns and assess your situation at the end of your initial consultation. With the help of an initial consultation, you can get advice on how to proceed based on your specific needs.
Investigation of the Scene
Proceeding to the initial consultation with the personal injury attorney, the attorney will immediately initiate a complete investigation into the facts and circumstances of your personal injury claim.
- The process of investigation consists of several steps as follows:
- Visiting the scene of the accident to take pictures.
- Obtaining any accident or incident reports regarding the event that form the basis of your claim.
- Identify all the possible parties at fault and set up claims with their insurance carriers.
- Ordering the medical bills and all the records associated with treatment for injuries that are sustained in the accident.
If you haven’t hired a personal injury lawyer yet, you can look for the best law firms, such as Bey & Associates, LLC, to handle the process with proper expertise.
Prioritise Your Treatment
During the time your injury attorney is conducting the investigation and setting up insurance claims, it will be the best time for you to focus on recovering from injuries sustained as a result of the accident.
Therefore, consider following your doctor’s prescribed course of treatment to make a full recovery. This will help you to reach maximum medical improvement for the fastest recovery. During this time, you are also advised to keep a journal of the process and cost that you will be managing.
You can also include the wage loss if you’re missing out on work. Having a journal will ensure your attorney accounts for all possible damages you may be entitled to and includes them in your claim process.
Create Demand Package
Remember, the damage package tells the story of your personal injury claim, including how the accident occurred, the theory of liability, and the demand for settlement that you expect. However, when you are preparing the demand package, ensure you cover the following aspects in it:
- Police Report or Incident Report
- Pictures of property damage and injuries
- Medical Bills and records
- Receipts for out-of-pocket expenses
- Documentation of lost wages
Once the demand package is complete, your attorney can review the package and ensure it has covered everything. After reviewing it in detail, the demand package will later be sent to the insurance carrier for the party at fault for your injuries.
Later, they will evaluate the value of your claims to proceed with the following steps.
Plan Negotiations
After the evaluation of the demand package by the insurance carrier, they will respond with an offer for settlement. The injury lawyer you have hired for the help will notify you of when an offer for a settlement is received and discuss other options with you based on his or her knowledge and expertise.
However, it is entirely up to you whether to accept their offer, make a counter-demand, or file a lawsuit against them. It is your case; therefore, all the final decisions are under your control.
Settlement for Compensation
If both parties agree that they should negotiate a settlement with the insurance company to get complete and adequate compensation for the damage, then the attorney will prepare the settlement agreement for you.
Prior to executing the settlement agreement, the attorney will also prepare a settlement memo for your review. This memo will present the process of how to proceed. While most personal injury claims are successfully negotiated for a fair settlement, there are still chances of facing the need to file a claim.
Therefore, critically assessing your situation and if the insurance company fails to appreciate the full value of the injuries, you must take them to court.
Prepare For Litigation
If you’re denied compensation during the negotiation, the attorney will prepare you for the litigation process. Here, you need to ensure that you are working with an experienced and skilled local attorney for the claim process.
Unfortunately, lawsuits can take even longer than the negotiation period, from months to years. Typically, settlement negotiations continue even after the lawsuit has been brought. The only reason behind this is to reach a quick decision about the accident.
The more experienced an attorney will be, the better knowledge and expertise they will possess to utilize in your case. This way, you can maximise your chances of winning the claim and get the heftier compensation to recover the damages.
Moreover, you need to be ready for the appeal if the court decision isn’t fair. Your attorney will guide you on how to appeal after the verdict has been delivered. This process can extend the timeline but is essential for a fair settlement.
Final Takeaways
When it comes to dealing with the aftermath of personal injury lawsuits, the most crucial thing to remember is to take care of yourself and your loved ones. Once you have sought medical attention, now you can leave the case in the hands of your trusted personal injury attorney.
This will help you gather the evidence, negotiate, and present you in court for a fair settlement.