Every year, more than 2 million people are injured in car accidents. Automobile accidents are one of the most common personal injury claims.
Yet, accident claims aren’t only limited to car accidents. Other examples of personal injury claims are Slip and Fall and medical malpractice related injuries.
As a victim, you may be eligible for accident and injury compensation. But how is your claim processed? What is the process to obtain your personal injury compensation?
How will an attorney handle your accident claim? Not sure how personal injury claims work? Read on for a step-by-step guide to what to expect during an accident claim process.
1. Initial Consultation with Your Attorney
It’s recommended you consult an accident lawyer after you suffer an injury. They can provide insight into your claims and compensation eligibility.
2. Accident and Injury Claim Investigation
After you hire your attorney, they’ll conduct a thorough investigation of your accident claim. Their investigation will include medical records, accident reports, photos, and witness testimonies, among other evidence. Also, your attorney will consult experts from different fields including medical and forensics.
3. Insurance Company Demand and Settlement Negotiation
When you suffer an accident injury, you may file a lawsuit asking for compensation. In most cases, filing a claim with the insurance company may be more practical. Your insurance claim will include details about the accident, liability, and damages.
Your attorney will submit a demand asking to settle your claim. The other party may accept, reject, or counteroffer your demand. Your attorney will negotiate with the insurance company to obtain the best outcome and compensation in your case.
4. Filing a Personal Injury Lawsuit
If the insurance company rejects settling your case, your attorney may file a personal injury lawsuit claiming compensation for your damages. A personal injury lawsuit will take longer than a settlement. It’s recommended that you file a claim with the insurance company before filing your personal injury case.
5. Evidence Discovery Phase
After filing your case, the discovery phase will begin. Both parties will look for evidence from each other to prepare for trial.
6. Mediation or Arbitration of the Claim
In some cases before trial, mediation or arbitration of the claim takes place. This process will prevent the case from going to court. During mediation, the parties will try to reach an agreement regarding the claims and compensation.
Your attorney may represent you during the process to obtain the best outcome. It’s recommended you hire legal representation due to the long-term effects of these legal procedures.
An insurance agreement may mandate arbitration. It’s similar to mediation, but it follows a more strict process.
7. Case Trial
If your case isn’t settled or solved, the claim will go to trial. Both parties will argue their side.
A judge or jury will evaluate the claims, facts, and evidence. They will determine which party is at fault and award injury compensation accordingly.
Should You Hire an Attorney?
Yes, you should consider hiring an attorney to handle your claim. An accident and injury claim is difficult to navigate.
It’s recommended to consult a lawyer even if you aren’t planning on filing a lawsuit. The right attorney will represent you in your case or negotiate your settlement obtain the best outcome.
Are you considering hiring an attorney to handle your accident claim? We can help. Contact us today to schedule your free case evaluation.