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How to File For A Personal Injury Claim

How to File For A Personal Injury Claim

December 29, 2020December 30, 2020

The personal injury market in the US is a whopping 37.6 billion dollars strong. From 2015 to 2019, the growth rate was 1.6%, and in 2020, the market is still gathering impetus. The growth of the industry was at 1.9% at last check earlier this year.

Without relevant knowledge, getting the process of an injury claim started can be daunting. Many people are ready to give up after one or two half-hearted tries.

The first step of the task is looking for an injury lawyer. One of the major setbacks to injured parties nationally is the lack of correct know-how. Let’s focus on how to go about filing a personal injury claim.

Medical Treatment and Consultations

The first thing you’ll do after an accident is to seek medical attention. Failure to do so will suggest that your injuries are not bad enough to warrant any claims you attempt.

Bear in mind, while you may feel perfectly fine after the incident, some injuries only present themselves down the road.

Legal Representation

Sometimes the injury may be minor, and after one visit to the doctor, it’s clear there are no health implications that should arise in the future. The latter does not require consultation.

If your case requires that you make repeat visits for treatments and consultations, this will require a professional opinion.

Setting Up a Claim

At this stage, you or your legal representation will notify the other party of your intention to set up a claim. In most cases, this may expedite the process and result in an out of court settlement.

Gathering Evidence

The next stage in the process is gathering proof of injuries incurred. Medical bills, property damage, income loss, and the doctors’ prognosis should all count as evidence.

Negotiating a Settlement

Your attorney will make a demand to the opposing party (who generally has their idea of how much the injury claim is worth). A back-and-forth process ensues until both sides settle on a fair monetary arrangement.

The latter is a favorable outcome. Should you be unhappy with the opposing party’s counter-offer and a compromise is unattainable, the case will go to court.

Generally, this is far more costly and time-consuming and is used as a last resort.

File a Lawsuit

A lawsuit begins by filing a document stating your complaint and how much you want as compensation for costs and injuries incurred. This step begins the litigation period where depositions and informational exchanges occur.

It is the judge or jury who decides the outcome of the case. The full process can take as long as two years.

In Short

The task of getting a personal injury payout is hardly possible without legal representation.

The alternative is to suffer long term financial and health decline and possibly suffer psychologically, too.

The choice is yours.

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