How do I bring a personal injury claim?

There are about as many different kinds of personal injury cases as there are various ways to get injured. Personal injury law includes a wide range of occurrences, from vehicle accidents to slip and falls. As a result, no two cases follow the same course or timeframe. A lot relies on the severity of the injuries, the clarity of specific problems, the most important being who was to blame, and whether or not an insurance policy covers the occurrence.

Check To See if an Insurance Policy Covers the Incident

If you've been hurt and believe someone else is to blame, you should see if that individual has insurance that will pay any injury claims you file. Questions to ask include: Is the other party's insurance valid after a vehicle accident?; Who owns the land, and do they have liability insurance if you're injured in a slip and fall?

This is crucial because it determines whether you will collect any damages awarded to you by a jury during a personal injury lawsuit. Having a judgment in your favor is one thing; collecting on that judgment is another, and the tale may not end well if the defendant lacks adequate insurance coverage and has few assets. If you weren't severely injured or if the cause of the accident isn't apparent, or you have health insurance, then you might want to think carefully about suing someone who doesn't have insurance.

If, on the other hand, your injuries are severe and it's apparent that the other party is to blame for the underlying accident, you should continue regardless of whether or not your injuries are covered by insurance. Allow them to work out the specifics.

Determine Whether or Not to Hire a Personal Injury Attorney

Even in the simplest of situations, when your injuries are minor, and you're confident you'll be able to resolve your case on your own, it's usually preferable to consult with a personal injury attorney at least once. It is critical to note that speaking with an attorney does not imply hiring one. Most personal injury attorneys will gladly offer you a free first consultation during which they will review the merits of your case and layout your legal alternatives.

Most personal injury claims are handled on a contingency basis. The attorney then charges a fee based on an agreed-upon percentage of the settlement or judgment. Hiring an attorney to advocate for you may be worthwhile depending on the amount of money at stake, the complexity of the legal issues in your case, and how much of a fight the opposing side is willing to put up.

Determine Whether to File (or Not to File) a Lawsuit

Many personal injury lawsuits settle before going to trial, and many of them are settled before a civil complaint is filed. There are alternatives to going to court and filing a lawsuit to obtain compensation for an accident. If you have insurance, you can file a third-party claim against the at-fault person's insurance company.

You'd start by obtaining the name and policy number of the other person's insurance provider. Then send the provider a notice of claim that includes their client’s information, your information, the date of the accident, and a notification letter in which you declare that you were injured and wish to make a claim. Don't get into specifics at this point. This will be addressed later in settlement negotiations and documents such as the demand letter.

Of course, it is possible that your insurance claim is denied, or the settlement discussions fail. In that case, you can still initiate a personal injury lawsuit by filing a complaint in your state civil court's local branch. It is critical to remember your state's personal injury statute of limitations. It establishes a limited time for filing a lawsuit following an accident. Therefore it's crucial to understand and file your lawsuit before time expires. Visit the website for more information.

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This is a guest blog entry.