Personal injury claims may differ depending on particular facts and circumstances surrounding each incidence. However, almost every claim follows a similar process. When you suffer any losses or physical injury during an accident, you are entitled to monetary compensation from the person or party that caused the damage.
You can claim compensation through formal legal demands without involving the court. Nevertheless, if this does not work, a personal injury lawyer can help you file a lawsuit.
Getting your compensation after a personal injury can be lengthy and overwhelming. However, working with an experienced personal injury attorney can simplify the process and help protect your rights.
Here is a step-by-step personal injury claim process
1. Initial Consultation with Attorney
After the incident, you will meet with your lawyer to discuss the circumstances surrounding your injury and address any concerns you have concerning the claim. You will talk about how the accident occurred and who was involved.
In addition, addressing any injuries you suffered from the accident and following treatment would be advisable. It would also help to mention any future treatment you will need for those injuries. During this consultation, your lawyer assesses your personal injury claims and advises you on seeking compensation.
2. Investigation and Opening up a Claim
Your personal injury attorney initiates a thorough investigation to reveal all the facts and circumstances around your injury claim. The idea in this stage is to establish the party responsible for your injuries and who should compensate you.
For instance, suppose you suffer an injury from your workplace. Your employer is not necessarily at fault. A manufacturer might be responsible if the injury occurred due to faulty working equipment. You may raise claims against various parties, including your employer for workplace injuries, a motorist for road accidents, a restaurant for food poisoning, etc.
Furthermore, your attorney will raise a claim against the individual directly responsible for your injury through their insurers. It takes extra investigation to establish the insurance providers.
Once the investigation is over, your attorney will help you open up a claim with your insurer and that of the party responsible for your injury.
3. Assess Your Illness or Injuries
The third step will present evidence of the injuries and their impact on your life. You can access medical records if you already received treatment from a hospital. However, if your lawyer and other investigators should access your records, you must complete an authorization form permitting them to do so. It would also help to provide photos of visible injuries like scars, bruises, or cuts.
After this, arrange for an expert examination of your injuries and consult specialists to know how long you may take to recover completely. In addition, ask about the long-term impact of the injuries, if any. The medical experts will also determine how the accident affected your mental health and to what extent.
4. Arrange for Treatment or Rehabilitation
If you are still under treatment, continue until you are completely recovered. Again, if the medical experts recommend further treatment or rehabilitation due to your injuries, it would be best to commence immediately. Nonetheless, your legal expert will proceed with all legal technicalities to protect your rights while you continue with treatment.
5. Calculating Your Compensation Amount
Once the evidence is ready, it is time to work out how much you can claim as compensation. The figure takes into account your injuries, suffering, and pain. It also accounts for the cost of rehabilitation, therapies, and treatment.
The following are more costs the experts consider when calculating your compensation.
- Travel costs to and from medical centers about the accident
- Lost income in case you stay out of work or can no longer work as before
- Adaptive equipment such as an accessible car or wheelchair
- Care costs, including professional care or any family member who spends time caring for you following the accident
- Damage to personal items like a bike or car at the accident
Besides, this calculation also considers costs you will likely incur in the future.
6. Presenting the Demand Package
The demand package describes your personal claim injury, the accident occurrence, liability theory, and the demand for compensation. Your personal injury attorney will prepare the demand package detailing your story and present it to the jury when filing a lawsuit.
7. Reaching a Settlement
After determining how much you deserve, your legal representative negotiates the best possible settlement amount with the party you claim against. They may suggest an offer, and your side also gives its offer.
Both sides will make offers until they reach an agreement.
However, your lawyer can file a lawsuit with your permission if the two parties cannot agree on a settlement amount.
8. Payment of Compensation
Once the two parties arrive at a consensus or the court makes its ruling regarding your compensation, the next step is to arrange how you will receive your payment.
Typically, you receive your compensation as a ransom, less any interims you might have received. However, the court can order the other party to pay you in annual or monthly installments.
