The personal injury claim process can be complex, but understanding the basics can help you seek fair compensation. This article will summarize the claim process, from injury to settlement, highlighting key steps and explaining how personal injury attorneys can support you along the way.
The Incidence of Personal Injury
Before we examine the personal injury claims process, it's essential to acknowledge the incidence of personal injury in the US. Unfortunately, personal injuries occur all too frequently in the United States. Each year, millions of Americans suffer preventable injuries that require medical treatment. It's estimated that there are 39.5 million personal injury cases that necessitate medical care each year, translating to roughly 126.3 cases per 1,000 people. On top of this, in 2022 alone, the US experienced 222,698 preventable deaths. Furthermore, injury statistics studied by NSC data specialists confirm that preventable deaths increased by 16% in 2020. With so many Americans affected by preventable injuries each year, it's important to understand how to pursue compensation if you are injured.
Reporting the Injury
The first step after any injury is to seek medical attention right away. Not only is this vital for your health, but prompt medical treatment also documents your injuries. Be sure to give your doctor detailed information about how the injury occurred. Thorough injury records will help support your claim later. You'll also want to report the injury to the appropriate parties. For example, if you're injured in a car accident, notify your insurance company and file a police report.
Consulting Personal Injury Attorneys
Once you've begun medical treatment, consulting with a personal injury lawyer is a good idea. An experienced attorney can advise you on your options and legal rights. They will investigate your case, determine viable legal claims, and handle communications with insurance firms. Having knowledgeable legal representation increases your chances of a favorable settlement.
Negotiate with Insurance Companies
Insurance companies will likely try to settle your claim quickly for as little money as possible. According to the most recently-available statistics, about 95 percent of pending lawsuits end in a pre-trial settlement. Your attorney will negotiate to secure the full damages you are entitled to. Demand letters are sent detailing the severity of your injuries, income lost, and negative impacts on your life. Your lawyer may hire experts to assess damages if needed. Negotiations will go back and forth until a satisfactory settlement is hopefully reached. If not, your attorney can file a lawsuit on your behalf.
Litigation
If negotiations fail, the case will go to court. Your attorney will file documents, conduct discovery to obtain evidence, take depositions, and handle other litigation processes. You'll likely be asked to provide testimony on how the injury has affected you. Both sides will work toward a settlement before trial. If no settlement is reached, the case will proceed to a trial by a judge or jury.
Settlement or Verdict
If a settlement is negotiated or a verdict is awarded, the defendant's insurance company will issue payment of the claim. Your attorney's fees and legal costs will be deducted from the settlement amount. You'll then receive the remaining compensation to cover your injury-related expenses and losses. Though the claim process takes time, receiving fair compensation makes the effort worthwhile.
Going through the personal injury claim process is a challenging experience. However, understanding the basic stages from injury to settlement can help you navigate this complex process. With knowledgeable legal guidance, you can pursue the maximum compensation you deserve for your injuries and damages.
