If you've been injured in an accident, there's a good chance you will need to file a personal injury claim.
Unfortunately, filing a personal injury claim isn't the easiest thing to do.
There are almost as many different kinds of personal injuries cases as there are ways to get injured.
From a car accident to a slip and full, dog bite, defective products, or a doctor's mistakes, personal injury law covers a broad range of incidents.
No two personal injury cases, no matter how similar, will ever work out the same way.
A lot of it depends on the severity of the injuries and the clarity of specific key issues.
In the article below, we will go over three questions you should ask yourself if you think you need to file a personal injury claim.
- Will An Insurance Policy Cover Your Injuries?
- Should You Hire An Attorney?
- Should You File A Lawsuit?
- Filing A Personal Injury Claim
If you've been injured due to someone else's negligence, you should find out if that person has an insurance policy that will kick in to cover an injury claim.
After a car accident, does the other driver have insurance?
If you slip and fall at a restaurant or grocery store, do they have liability coverage?
This is important because it will determine whether or not you will be able to collect any damages that a jury or out of trial settlement awards you.
It's always good to have a judgment in your favor, but collecting on that judgment is a new another story.
And if the defendant doesn't have applicable insurance coverage in place and no assets, the story might not have much of a happy ending.
If your injuries weren't that serious, and you have an insurance policy of your own that will cover your expenses, you might want to think twice before filing a claim against someone without insurance.
If your injuries are significant, though, and it is undeniable that the other person is at fault for your accident, you should proceed whether they have insurance or not.
Except in the most straightforward cases, when the accident was minor, and your injuries are insignificant, you should hire an attorney.
Unless you have 100% certainty that you can get a satisfactory result on your own, you need an attorney?
How can you have 100% certainty? You can't.
Most attorneys provide free consultations, and at the very least, you should take advantage of that and discuss your case with them.
After talking to them about your accident, they will outline your legal options and offer their professional opinion.
In most attorney-client agreements, the attorney will work on a contingency basis.
That means if you don't win your case, you don't pay anything to your lawyer.
If you do win, your attorney will take an agreed-upon percentage of your judgment for their services.
More often than not, it's worth it to have an attorney next to you fighting for you.
The law is complex and complicated, so even accidents that seem insignificant may be hard to navigate on your own.
The vast majority of personal injury cases never see the light of a courtroom.
Many are resolved before a lawsuit is ever filed.
There are many ways to recover compensation without going to court and filing a lawsuit.
Like we mentioned earlier, when an adequate insurance policy is in place, you can file a third-party claim against the at-fault person's insurance carrier.
Start by getting the other person's information, including their insurance carrier and policy number.
Then you'll send the company a notice of claim including their insured's information, your information, and when the accident happened.
You will also include a notice telling them you were injured and intend on pursuing a claim.
Don't worry about including all of the details just yet.
That comes letter in settlement negotiations while you're working with your attorney.
Your insurance claim may stall, and settlement negotiations can break down, and if that happens, you can always get the process started by filing your complaint in civil court.
One thing to keep in mind is the personal injury statute of limitations in your state.
That law sets a limit on the amount of time you have to file a lawsuit after your injury, so it's important to know how long you have to file.
Your lawyer will help you navigate this entire process.
If you've been injured in an accident, and you're thinking of filing a personal injury claim, ask yourself these three questions before you get started.
The most important question of the three is the second one, should you hire an attorney?
In almost every situation, the answer is yes, and after you've hired an attorney, they can help you answer the other two questions.
The legal system is beginner-friendly, so if you want to be compensated as much as possible, you need an experienced attorney on your side.
If you've been injured in an accident and need to speak to a lawyer, contact Helping The Hurt.
They understand the struggle that every personal injury client faces, and their goal is to make each client feel appreciated and make sure their personal needs are met.
They've helped thousands of clients already get the results they deserve, and they are prepared to help you today.