You’ve suffered an injury in an accident that wasn’t your fault. Now what do you do? Why, make a personal injury claim, of course!
But how do you go about doing this? And is it a complicated step to take?
With the expertise and attentiveness of the accident and injury attorneys at Jurewitz Law Group in San Diego, making a personal injury claim is an absolute breeze.
You will receive the care and guidance you need to get the settlement that you rightfully deserve, and will never be left to do anything alone.
Here is what the process entails.
The Personal Injury Claims Process
1. Speak To An Attorney
Make contact with a legal expert to begin the process. After they have agreed that your claim needs to be investigated, a few different things will be set in motion.
Firstly, an attorney will review and assess all the case details that you have provided. This process should be quite comfortable, and your attorney will do everything they can to make you feel at ease.
You will then be invited for a phone or in-person interview so they can find out more about what happened.
2. Pinpoint The Responsible Party
One of the first steps in making a personal injury claim is figuring out the individual who can be held responsible for the injuries you have received. This is who your claim will be made against.
Unfortunately, it isn’t always easy to determine who is responsible. Usually, a claim is made against one of the following groups:
* An employer
* A cafe or restaurant
* Product manufacturer
* Another individual (such as in car accidents)
Sometimes a claim won’t be made against the company or person that is directly responsible for the accident but will be made against their insurance company instead. It may require more investigation to officially figure out exactly who these insurers are, and whether they will pay out.
3. Assess Injuries
You will need to provide evidence of your illness or injuries and the overall impact that they might have had on your day-to-day life.
If you have already visited the hospital, your medical records can be accessed by your attorney. If not, then you may also be asked to provide photographic evidence of visible injuries that you have sustained.
If your injuries are more severe, your attorney may even arrange an in-person expert medical assessment. During this time, you will be asked about the discomfort or pain you are experiencing, and will also be asked to explain how your injuries affect your everyday life.
Your attorney may even arrange a consultation with a specialist to determine whether there are any long-term effects.
4. Work Out Compensation
Once the relevant evidence has been gathered, your attorney will be able to work out just the amount of compensation you should be awarded. This final figure will consider:
- * The type of injury (or injuries) you have sustained
- * Pain levels
- * Medical treatment costs (including rehabilitation and therapy)
- * Cost of traveling between medical appointments
Using a combination of the information you have previously provided, receipts, payslips, and photographs, your legal advisor can then work out how much you are owed.
5. Decide On A Settlement
After the amount of compensation has been decided, you will receive an offer for the best final settlement offer with the party that you are claiming against.
The attorney will handle all negotiations and communication per your instructions. Whether you accept a potential offer or choose not to will be completely up to you.
If you cannot agree to an offer, your claim will end up being sent to a court hearing. Here, a judge will listen to witnesses and examine the evidence to decide on a fair compensation settlement.
This can be quite time-consuming so your attorney will do everything in their power to settle your claim outside of court first.
6. Compensation Payment
The final stage of the personal injury claims comes after you have decided to accept an offer, and involves receiving a compensation payment.
You will usually get your payment in a lump sum after the claim has ended which will either be paid to a trust in your name or directly to you. This does not include interim payments that have already been made directly to you.
However, you may also receive your compensation as annual or monthly installments (“periodical payments”) if the Court deems it necessary. Payment is likely to be formatted in this way if it covers the cost of prolonged care.
Making a personal injury claim is probably the last thing you want to be doing after sustaining an injury. But with the help of a trusted accident and injury attorney, you’ll receive the compensation that you deserve in no time at all.