After someone is injured, they may be able to obtain compensation to cover their medical bills and related costs. The key to this is filing a personal injury claim against the at-fault party. Those who have never been in this situation before may be a little worried about how everything works. Though each case is different, the following provides a beginner-friendly overview of the claims process.
First, Seek Medical Attention
The first step should always be to seek medical attention. The reason for this is two-fold. First, it helps the person start to recover from their injuries faster. Second, it helps to create a paper trail that shows the extent of the injuries sustained, what is needed to recover from the accident, and how much it impacted the victim’s life. When working with a lawyer like those at Gauthier & Maier Law Firm, this information is needed to help prove damages and determine the amount of compensation to request.
Gather Evidence of the Claim
It will be necessary to gather evidence of the claim. This can vary based on the type of case. For a car accident, evidence may include medical bills, photos and videos of the accident scene, information from a mechanic for the repairs needed for the vehicle, and information about wages lost while recovering from the accident. There’s no such thing as too much evidence, so anything that could be relevant should be saved to be used if needed.
Filing a Claim
Once the person has received medical attention, they can file the claim with the at-fault party or their insurance company. In most cases, there is a limit to how long a person has to be able to file a claim. In certain situations, this can be extended, but it is important to file the claim as quickly as possible to prevent losing out on the ability to get compensation.
Negotiating the Settlement
The at-fault party or their insurance company will likely try to offer a reduced amount for a settlement. At this point, it’s necessary to negotiate for a higher amount. This is where it can be incredibly helpful to have an attorney, as they can handle the negotiations while the victim focuses on their recovery from their injuries. Most cases will eventually end in a settlement, but there are some situations where a settlement can’t be reached.
If a Settlement Isn’t Possible
Sometimes, it’s not possible to agree to a settlement. At this point, the case may need to go to court. A lawyer is vital during this part of the process, as going to court can be incredibly complicated due to the legal complexities involved in the case. A lawyer will handle making sure everything is prepared for court, scheduling court dates, hiring expert witnesses, and talking to the judge or presenting the case. If the case does go to court, it will be settled by a judge and, if it’s settled in the victim’s favor, the victim can obtain compensation.
If you’ve been injured in an accident caused by someone else, you may be able to get compensation for your injuries. The claims process can be long and confusing, and one mistake can mean missing out on potential compensation. Instead, hire a lawyer to guide you through the process and make sure you get as much compensation as needed.
