26 August, 2020
Whether you like it or not, you are always at risk of injury. It's only a matter of holding someone accountable for the injury caused by another’s negligence. In that case, you are in a good position to demand just compensation for the injury you sustained.
Every state has its own personal injury laws but there is broad agreement on the basic principles. It's only a matter of handling the preliminary tasks of launching a successful personal injury claim.
Here are the basic steps to recovering damages under a personal injury claim:
1. Establish your legal rights
The best way to understand your legal rights and the value of a potential injury claim is to contact a local personal injury attorney to discuss your accident and injuries. Never accept a settlement offer from an insurance company before you understand your legal rights and the value of your claim.
2. Substantiate with evidence
To build a credible case, you will need to provide evidence from the scene of the accident, pictures of your injuries, medical bills from the medical professionals who treated your injuries, witnesses to the accident and possibly even testimony by an expert witness retained by your personal injury lawyer. A personal injury lawyer will help you gather evidence to build a strong case.
3. Get the right legal representation
No matter how much evidence you manage to gather on your own, you will need sound legal advice on how to structure your claim and get properly compensated for your injuries. According to Chicago-based Blumenshine Law, it's a matter of finding a law firm that can work closely with you to build a favorable case and represent your interests at the negotiating table as best it can. You will pay only a percentage of the settlement in almost all personal injury cases.
4. Inform the other party
As you and your attorney work on a winning case, you also need to contact the at-fault party and inform them that you plan on making a personal injury claim. Both your insurance providers should also be informed about your move since you could end up with a larger sum if things go smoothly. Be prepared for the at-fault insurance provider to resist paying the full settlement that you are entitled to. If you play your cards right, a compensation dispute will give you an amount higher than the original sum.
5. Opt for a settlement
As exciting as it may be to launch a lawsuit, you will likely want to consider the possibility of reaching a settlement with the at-fault party. A lawsuit usually takes a long time owing to the number of steps you have to go through. Being able to negotiate with the other party saves you the stress of preparing for an uphill battle. That said, a lawsuit should be your last resort. Negotiating a settlement might take time, but with the right legal professional by your side, you can usually arrive at an offer that’s agreeable to both of you.
A personal injury caused by someone else, even if it’s a minor one, is something you should take seriously. Seeking compensation through a personal injury claim is a way to cover your expenses and lost wages.