If you have been injured by someone else’s negligence, you have the right to file for compensation. Not everyone wants to sue for personal reasons. But at the very least, you should at least receive compensation for your losses and medical bills. And if you obtained an injury due to the actions of someone else, you shouldn’t have to suffer both physically and financially. We know the process can seem daunting. But with the help of a personal injury lawyer, you can learn all about how to sue for personal injury. In addition, a lawyer can act as your support system throughout the process. Today we will talk more about the personal injury lawsuit process.
What are the steps to filing a lawsuit?
When it comes to personal injury, there are 9 stages involved in receiving compensation:
Sue for a Personal Injury – Step 1: Obtaining information at the scene of the accident.
If you have obtained an injury by someone else’s negligence, you want to gain as much information on scene as possible. Obviously, you will only be able to do this if your injuries are not severe. If injuries are severe, your first priority should be getting to a hospital. In this case, you can leave all on-site documentation to the police. If, however, you are able to remain on scene, you want to collect as much information as possible. Call the police. Take plenty of pictures. Take copies of the other party’s ID, licence plates, and insurance cards. Gather all witness information. Make note of the weather conditions. Jot down the exact location of the accident. Check to see if there were any traffic cameras in the area. At this time, you should take note of as much information as possible. The more information you have, the more evidence you will have to use when you decide to file a claim.
How to sue for a Personal Injury – Step 2: Seek medical attention.
Once you have made all of your notes, it’s time to seek medical attention. You should do this as soon as possible following the accident. This is true even if you do not feel as though you have obtained an injury. In many cases automobile injuries do not actually show symptoms for days, or even weeks following an accident. The only way to know if you have sustained an injury or not is to seek medical attention. If you wait until symptoms arise, it may be too late to prove that your injuries were related to the accident.
If you do have any visible injuries, take photographs. Visible injuries can include things like cuts, scrapes, bruises, and abrasions. Because these things heal over time, you will want to make sure you have photographical evidence to prove them.
How to sue for Personal Injury – Step 3: Speak to an Attorney.
Don’t wait for insurance companies to seek you out before you speak to an attorney. Insurance companies are great at what they do. And the sad truth is, they will do anything to limit the amount of money they pay you. Many times they will try to convince you not to speak to an attorney. But be aware, this is in their best interest – not yours.
Why should you hire an attorney? Did you know that individuals who hire an attorney receive an average of 3.5 times larger settlements than those who don’t? This is because insurance companies know that they can’t fool an experienced attorney. While they may be able to talk you into settling for an amount less than you deserve, an attorney will fight to ensure you get everything you have entitlement to.
Sue For Personal Injury – Step 4: Claims and Medical Records.
Once you have chosen an attorney, the next step is to start investigating your claim and records. During this process your attorney will ask you plenty of questions to learn more about the accident. They may ask things like, how did the accident happen? Did you have any previous medical conditions before the accident? What details do you remember about the accident? And so on and so forth. The more information you can give your attorney, the better able they will be to defend your position against insurance companies.
In addition to obtaining all of your information, an attorney will also need access to all of your records and bills. These will include previous medical records, as well as any medical records or bills relating to the accident. During this time your attorney may also ask for other things. These can include things like proof of wages or any other losses you have obtained due to the accident at hand.
How to sue for Personal Injury – Step 5: Filing a Claim.
Once your attorney has gathered sufficient information to create a case, the next step is to file a claim or demand a settlement. Most automobile accident cases get settled before they ever see a court room. Your attorney can help you decide whether you should settle or proceed with a court hearing.
So you have filed a claim with the insurance company. Now what? Now the company is going to hire a claims adjuster to investigate the case. The job of this adjuster is to thoroughly examine all evidence in the case. Of course, it is also to negotiate the lowest settlement possible. Again, a personal injury lawyer can stand by your side during this process. They will ensure that you get the financial settlement you deserve – and not the one the claims adjuster wants to give you.
How to sue for Personal Injury – Step 6: Filing a lawsuit.
In most cases, your attorney and the insurance adjuster will battle back and forth until they have reached a settlement agreement that benefits both parties involved. But in cases when they cannot reach an agreement, a lawsuit will be filed. In most cases, people file lawsuits when the insurance company tries to lowball the plaintiff. In other words, the insurance company does not agree to pay what the case is actually worth. If you decide to file a lawsuit, your claim will be taken to court, and the court process will begin. This generally consists of a mediation process. Here, the two party’s involved will again try to agree upon a settlement. If there is still no agreement, the claim then goes to trial.
How to sue for Personal Injury – Step 7: Trial.
If everything above has been completed and there is still no agreement reached, the process then goes to trial. In most cases, both lawyers and insurance companies try to avoid this option. Why? Mainly because it is costly and time consuming. With that said, it is sometimes necessary. And when necessary, you will want to make sure you have a professional, knowledgeable lawyer by your side.
Call 719 Pain today to learn more about how to sue for personal injury. We can inform you as to all the different ways a lawyer can help you through this stressful process.