If an Atlantan is injured in an accident, they must know how to file a personal injury claim to obtain compensatory damages from the individual or entity responsible for the accident. Unfortunately, the process may seem overly complicated if you have never filed any personal injury claim. It can be both time-consuming and stressful, so it’s helpful to seek the help of a legal professional.
Visit ATLInjuryLawGroup.com to speak with an experienced personal injury lawyer who can help you every step of the way and ensure you get fair compensation for your injuries. Below are some of the steps to filing a legal claim.
Seek Medical Attention
The first thing you want to do after suffering an injury in an accident is to seek immediate medical treatment. Even if you don’t feel immediate symptoms after the incident, you must still be examined to rule out any hidden injuries that could prove fatal.
Refusing medical treatment may also work to your disadvantage and ruin your chances of getting compensation for your injuries. The responsible party’s insurer may also take advantage of your failure to seek medical treatment after the accident to question the severity of your alleged injuries and deny your compensation claim.
Set Up a Claim
Once you’ve contacted your personal injury attorney, they will inform the liable party about your injuries and their insurance provider regarding your claim. Depending on the facts, a quick settlement can be reached. In any case, you shouldn’t go to the negotiating table without legal representation because larger institutions have their in-house lawyers trained in this type of litigation.
Gather Vital Information
While you continue to receive medical treatment, gather as much information as possible about your injuries and any other damages incurred. Be sure to collect all medical records and invoices from your healthcare provider and communicate with your physician to understand the full extent of your injuries. Also, find out about the continuing medical treatments you may require and collect invoices or estimates on the damage to your vehicle or personal property. If you had any lost wages, jobs, etc., keep those records.
Negotiate a Settlement
Depending on your case, your attorney may demand compensation from the individual or entity responsible or their insurance provider before or after filing a lawsuit. Negotiating a personal injury claim involves each side tabling their ideas of their claim worth.
You may know how much compensation you are willing to accept, but the insurance company or the respondent also considers how much or little they are willing to settle. To reach an agreeable amount to both sides, there will be “back and forth” offers and counter-offers until a compromise is reached or a lawsuit is filed, and the case proceeds to trial.
If the negotiation reaches a settlement you’re happy with, you and your attorney will accept the offer. But if the respondent fails to respond with an acceptable offer, the next step is to file a lawsuit to demand the compensation you deserve. Your attorney should help you file your claim within the legally prescribed limits or timeframes for filing your personal injury claim.
File a Lawsuit
While many personal injury cases are often settled without trial with the help of an expert condo property damage lawyer, who knows their way around such claims and car insurance subrogation, this step may be necessary if the previous efforts don’t result in a settlement. The process of filing for a claim involves the following steps:
- File a complaint for damages, a written document highlighting your claims and how much monetary compensation you seek.
- Exchange information between the parties involved in the lawsuit. You must give a deposition, testify under oath regarding your injuries, and record your statements for later use at trial.
- The case goes to trial, and you present your evidence to the court. The jury will evaluate contested issues and decide which evidence they find factual and credible.
- If you prevail in the trial, the judge or jury will decide how much compensation to award.
