An Outline Of The Personal Injury Claim Process

Soon upon undergoing some personal injury, the first thing that crosses your mind is to exercise your legal right to claim compensation. As soon as you recover from the initial shock of the incident and come to terms with the situation by overcoming the mental disorientation resulting from trauma, you should consult an injury attorney that helps with compensation.

All personal injury lawyers offer first-time free consultation. It is a crucial meeting because the discussions help the lawyer understand the prospects of claiming compensation and the kind of compensation that you can expect. Ongoing through the details of the incident, if the lawyer feels that there are enough legal grounds to claim compensation, they would agree to take up the case.  Personal injury lawyers usually enter into contingency fee agreements with their clients, which means that you pay the fees only after getting the compensation.

Determining responsibility

When two or more parties are involved in an accident or any other incident that causes injuries to some person/s, the law stipulates that it is necessary to prove the other party’s wrongdoing, who should be held responsible for the act and pay compensation. Only when the plaintiff or claimant can comprehensively prove the fault or negligence of the other party that caused the accident and injured people can they expect to receive fair compensation for the injuries and other damages, including mental agony and inability to lead a normal family life.

Understanding your needs

Your personal injury lawyer not only looks after the legal aspects of the case but plays the role of your friend, philosopher, and guide by staying involved in the medical treatment, monitoring the progress of treatment, and involving experts whenever necessary for a speedy recovery from the injuries. Typically, you can file personal injury claims within three years from the date of occurrence. It is advisable to file the claim only after complete recovery and completion of the medical treatment. It will help to include all costs incurred for treatment that lasts much longer and consist of rehabilitation. The overall claim amount will consist of all expenses incurred over time which amounts to fair compensation.

Interim compensation

Some medical treatments for severe injuries like brain injuries and spinal cord injuries are complex and require extensive treatment for several months or even years. In addition, the lawyer must arrange for various experts to give testimony in court for establishing the case on solid ground. Besides taking a long time, pulling on with such cases is quite expensive.  In such cases, the lawyer prays for interim compensation payment in installments from time to time so that the plaintiff can maintain the cash flow necessary to continue with the treatment and pursue the legal process until reaching a fair settlement.

Most personal injury case settlements happen out of court, mostly with the insurance settlers, except when the claimant is not happy with the settlement and proceeds to court for enhancing the claim amount that it feels most justified.  The lawyer will handle the court proceedings to ensure a fair settlement.

Interesting Related Article: “What Qualifies As A Personal Injury Case?