posted on 11 05,2018 / 12:28 pm
If you are stuck with a ton of bills due to an injury caused by someone else’s negligence, you are probably seriously considering making a compensation claim. After all, if it was not your fault, you should not have to bear the financial and physical consequences. By learning more about the process and the timelines of a personal injury case you can smoothen the personal injury case process and make it less stressful.
When you are the victim of an accident or injury, your first instinct can be to panic. It is important to remember that this is the opposite of what you should be doing. Remaining calm will ensure that you collect everything needed and follow the correct steps in order to gain your compensation. Every personal injury claim includes more specific detail as to what exactly these steps are. This means you should make sure to research them. Although, to provide an overview, you should make sure to keep all relevant evidence and documents, take as many pictures as possible as well as call the police in some cases, collect witness details, take notes of all important and relevant information, make sure to keep copies of important documents as well as seek medical attention. You should also make sure to request a copy of the incident report.
Anyone involved in car accidents should seek medical attention as soon as possible. This is whether you are feeling pain or not. Remember, adrenaline can numb you from any pain you may actually have in the moment. It is incredibly imperative after a car accident, to receive medical attention, at least within the first 14 days of the incident occurring. Furthermore, make sure to take photographs of the injuries as they may fade over time, leaving you with less evidence to make a strong claim.
At this stage, whether or not your insurance has offered you a diagnosis, you should try and search for an injury lawyer. If an injury lawyer chooses to take on your case, it will greatly heighten the chances of a higher compensation amount. After an injury lawyer has decided to take on your case, then fee negotiations can take place as well as a discussion concerning the possible time it may take for your claims or case process. Questions you should ask your injury lawyer include how long they will take to build your case and if they will be willing to litigate on your behalf if it is needed.
Your now hired solicitor or someone called an intake specialist will do a thorough interview for the benefit of your injury case where they will ask questions such as medical conditions, background information and a description of the accident and what exactly happened, just to name a few. These questions are all very important; especially your medical history where a common defence by insurance companies is that your current condition was pre-existing. They will also collect all medical bills and documents. Make sure to let your solicitor know if you change doctors or any other important medical changes and information.
Your claim may be settled or taken to court. Whether a settlement is a right thing for you can only be determined by an experienced and professional solicitor with your legal interests at heart. The claim will firstly be filed with the negligent parties insurance provider after which a claims adjuster will take the reins to explore and negotiate a possible settlement with the insurance provider or send a demand letter to the third party if they, in fact, are not covered.
If for any reason, a settlement can’t be reached, then a lawsuit will have to be filed. Usually, this happens because the third party or insurance company does not want to pay the full compensation that the client deserves. Of course, a lawsuit will put more pressure on them to do so.
This is the step where both parties involved go through a discovery or investigation of the other side such as basic biographical information as well as injury types of accidents, medical practitioners, and their relevant damages.
Lawyers from both sides will now try reaching a settlement again. This is known as ADR or Alternative Dispute Resolution. Both sides will first enter into mediation with a mediator approved by both sides to try reaching an agreement. Otherwise, if this does not work, they will go through a process of arbitration which takes places between a plaintiff, defendant and neutral third party. Unlike mediation, arbitration is binding.
If none of the above works, then there will be an accident claims or personal injury case trial. Here various evidence and arguments will be presented where either a judge or sometimes rarely, a jury, will decide the final verdict of the injury accidents case.