Personal injury refers to an injury that was sustained by a person due to the negligence of another person, such as in a car crash. It can be anything from a scratch on the skin, to broken bones, to death. Depending on the extent and severity of the injuries, you may have to deal with the financial impact of a car accident, such as time off from work and many more.
Fortunately, you may be entitled to recover compensation from the at-fault party for your injuries. But, in order to win the case, you should know the necessary steps to be taken in filing a claim.
Thus, if you’ve been injured in a car accident, keep reading this article to learn ways on how you can claim compensation for your injuries.
Seek Immediate Medical Attention
If you’re injured in a vehicular accident, the first thing you should do is get yourself checked. Typically, serious injuries caused by car accidents don’t appear immediately, which is why you need to visit a doctor right away to prevent further complications. By doing this, the doctor can assess your injuries and provide proper medication and treatment for your speedy recovery.
Moreover, if you don’t seek medical attention after the accident, you may not be able to secure a medical report and other pertinent records that can help you in filing a claim. These documents, for instance, can help you prove that someone else’s negligent behavior caused your injuries. As such, you’ll improve your chances of winning the case and getting the compensation you’re entitled to.
Report The Accident To The Police Authorities
In order to successfully claim a compensation for your injuries, it’s also important to report the accident to the police authorities so that they can investigate the matter thoroughly. This is especially true if you don’t have any clear recollection of what happened.
After the investigation, they’ll then be able to write a report that outlines the facts of the accident, as well as the damages involved. Just like the medical reports, the documents and records coming from the police authorities can also be used as evidence to strengthen your case and obtain the financial recovery you deserve.
Contact The Insurance Provider To File A Claim
When you’re injured after a car accident, one of the effective ways to claim compensation for your injuries is to contact the insurance provider and file an insurance claim. To file a claim against the other driver’s policy, you should contact your agent, who is known as a claim adjuster. Tell the insurance adjuster about the accident and show your intention to initiate a claim against the other driver’s policy.
Once the agent finds that you’re eligible to file a claim against the insurance policy, they’ll inform you accordingly and provide you with the instructions on how to report a car accident for the filing. Make sure you know how to file a claim as soon as possible so that your insurance company will be able to settle your claim quickly and without delays.
However, filing an insurance claim may not be an easy process. Most of the time, the insurance company will do their best to either diminish or reject your claim for money reasons. For example, they may use anything you say against you just to make sure you don’t get the right compensation you’re entitled to.
When this happens, it’s important to work with a lawyer who will guide you through the process of filing. With them on your side, the insurance company will unlikely violate any of your rights. And, in the event they attempt to offer a low amount of settlement, your lawyer can negotiate on your behalf to ensure you obtain the right amount that you deserve.
Hire A Car Accident Lawyer
If you’re lucky enough to have not been seriously injured in an accident, then you can still claim the insurance that covers your car. This can be a good thing because there’s no need to worry about having to pay for minor damages as the insurance company will take care of all of that for you.
However, if you’ve sustained injuries that left you unable to work for a period of time, then you should contact an injury lawyer immediately to learn about the viable legal options that may be apt for your case.
Generally, the following are some ways a personal injury lawyer can help you when filing a claim:
• Helps collect information about the accident – Your lawyer can assist you in gathering information about the accident, such as photos of the accident scene and video evidence that’s helpful when it comes to recovering compensation. They may also interview anyone who may have witnessed what happened to find out who should be responsible for the accident.
Generally, it’s important that you retain any witnesses who can corroborate your story. With the help of your lawyer, they’ll make use of witness testimonies to strengthen your chances of winning your claim. This means that documenting the details of the accident is crucial to the success of your injury claim.
• Assesses damages – Your lawyer can help determine the true value of damages that you should be compensated with. They study the facts of your case, identify issues, and consider different factors, including the extent and severity of your injuries that may influence the value of your damages.
• Determines who’s at fault – If you’re filing a personal injury claim, knowing who is responsible for your injuries is important. Before you can receive compensation, you need to prove that the other driver’s negligent behavior caused the accident and your injuries. Thus, you should hire a lawyer to help you determine who’s at fault.
• Represents you in court – If you feel that the settlement isn’t fair, it would be best to go to court to fight for your case. In doing so, your lawyer will represent you in court to advocate for your rights and fight for your compensation. They’ll come up with a strong argument to establish your right to get compensated for your injuries.
File A Personal Injury Lawsuit Claim
If your insurance claim can’t be settled upfront and out-of-court, your lawyer may advise you to bring your case to court by filing a personal injury lawsuit claim. Unlike other claims processes, dealing with a personal injury lawsuit claim requires knowledge of the court processes and procedural requirements.
For example, you need to be careful in the date of filing a lawsuit due to the statute of limitations. This means you should file the case in court within the time limit required so you’ll not waive your right in doing so.
On the other hand, if you want to successfully obtain compensation through this lawsuit, then you should familiarize yourself with the following stages:
• Discovery Phase – Before trial, the opposing parties can collect evidence from one another to evaluate the nature of the other side’s case. At this stage, you can cross examine the witnesses of the other party and assess other pieces of evidence.
• Mediation – Before the lawsuit goes to a full-blown trial, the opposing parties are given the opportunity to enter into a mediation stage. It’s an informal proceeding wherein both parties try to reach an amicable settlement on the matter. The mediation process will be led by a third-person who is trained and experienced in handling similar cases.
• Trial – If the matter hasn’t been settled during the mediation, your case will now go to trial. Under this process, the judge or jury will assess the facts of your case, determine and establish who’s at fault, and decide whether to award you with damages or not. Also, during trial, you may be required to present pieces of evidence to prove your claim.
• Appeal – If you’re the losing party in the trial, you may have the right to appeal your case to the appellate court and reverse the decision against you. You can do this by showing that the trial judge committed an error in deciding the case.
However, it’s important to note that the appellate process can be more complicated and confusing than the trial process. In such a case, you should work with a reliable appellate legal practitioner to help you in making sure you win at the end.
Facing the aftermath of a car accident can be a traumatic experience. Depending on how serious your injuries are, you may end up dealing with the long-term physical, emotional, and financial effects of what happened. From the medical bills, to lost wages and earning capacity, to pain and suffering, it’s important to seek compensation for the damages you’ve suffered.
However, fighting for your financial recovery after a car accident is never easy. Unless you’re a legal expert, you need to follow the tips mentioned above, along with retaining the assistance of a car accident lawyer right away, so you can level the playing field with the other parties involved.
Besides, the last thing you want to do is end up filing a claim and losing out on any compensation that can help you recover from the accident.0
Article Tags: By Brian Zeng