What to Expect From Start to Finish About The Personal Injury Claims Process
PAGE
By PAGE Editor
As a victim of an accident caused by another party’s negligence, you might want to file a personal injury claim. The details might look overwhelming, but being aware of each stage of the process helps ease the burden. Below is an explanation of the entire personal injury claims process; from the beginning to the conclusion:
Initial Consultation and Hiring an Attorney
The very first step of every personal injury case is contacting an attorney to get legal help. Most Philadelphia personal injury lawyer offer free consultations, where they will review the details of your case and give you an initial assessment of its strength. You will be asked about the accident, how it happened, the impact it had on you, and if you even have a case worth presenting in court. If a lawyer determines that you have a solid claim, the chances are high that they will offer to take your case. After you make your acceptance, the lawyer will organize evidence to support your case, file a claim, and represent you as legally necessary.
Investigating and Collecting Evidence
The next step is to consolidate all supporting documentation for your claim, assimilating as much evidence as possible, unlike your previous efforts. This means obtaining medical records, witness statements, photographs of the accident scene, police reports, and any other relevant documents. Your attorney, too, will, for example, collaborate with medical doctors, and accident reconstructionists who can provide additional support to your case. Your case will also be stronger if your lawyer is able to collect more evidence.
Submitting a Claim to the Insurance Company
Your attorney intends to submit a claim to the insurance company of the party liable after the attorney has adequately collected documentation. Most of the damages concerning personal injury cases are covered by an insurance company of some sort, whether it is auto insurance, liability insurance for businesses, or property insurance. Your insurance will then start working on the claim which they will do by investigating the evidence, questioning the witnesses, and examining your medical records. The objective at this point is for your lawyer to reach a reasonable settlement agreement with the insurer.
Dealings and Resolution
Upon assessment of your claim, the insurance company will often extend an initial offer to you. This offer is typically well lower than what you are owed, and this is where your attorney will step in to negotiate a reasonable settlement. Personal injury cases cover large areas that negotiations can solve without any need for a trial. Nevertheless, it is important to take note that settlements do consume a lot of time and a number of negotiations may be required. This process means that your attorney will offer you sound advice on what settlement amount should be targeted to ensure that you never have to take an offer that is unjust.
How to File a Case in Court (If Required)
Your attorney will advise you to file a case if you and the insurance company are getting a reasonable settlement and is not helpful. This marks the beginning of a whole new legal process which involves the court hearing your case. The statement of a judge or jury on the matter, when sufficient evidence has been provided, comes to examination next.
Discovery and Pre-Trial Procedures
After the initiation of a lawsuit, both parties are expected to undertake a process known as “discovery” which involves the mutual sharing of any evidence and information pertinent to the case. This process includes issuing documents, answering written questions referred to as interrogatories, and attending depositions. Discovery makes it possible for both sides to gather and prepare evidence for the trial. Furthermore, there might also be other pre-trial hearings or motions to determine some legal matters before the actual trial begins.
Trial and Verdict
At this stage, if an agreement has not yet been reached, your case will be placed on trial. A judge or jury will each listen to one side’s argument, look over the documents available, and decide how much compensation, if any, is deserved. Your case can take as few as several days to weeks to be resolved depending on the details of your case.
Post-Trial and Appeal (If Necessary)
In case the decision favors you, then you shall be compensated, after which your lawyer will work on the owed amount. The losing party does, however, have the option to appeal the ruling, which can prolong the activity of the case. In the situation where an appeal is made, the case will be subjected to extra steps in the legal process before it is concluded.
Need Legal Help? Contact a lawyer
Like most things in life, the personal injury claims procedure is subject to various complications and could take some time, but unlike most things, having a competent lawyer will make everything easier. From the moment you consult your attorney to the time when the verdict is pronounced, rely on your attorney to guide you through all choices and work towards an optimal settlement. Be it an out-of-court settlement or a contested matter, a good lawyer will prepare you for what lies ahead, and ease the process, while a lot of cases settle without trial.
HOW DO YOU FEEL ABOUT FASHION?
COMMENT OR TAKE OUR PAGE READER SURVEY
Featured
Explore top leather jackets for cold climates. From shearling-lined to aviator styles, find warm, durable, and timeless winterjackes for your journey.