If you’ve been hurt in a motorcycle, car or slip & fall accident, you’re entitled to seek compensation from the person(s) at fault. That’s why it’s wise in such a situation to file a personal injury lawsuit (with the help of an attorney). This will ensure that your medical bills, lost wages and other expenses are covered to save you from unnecessary financial hardship. This process, however, can take time. In this post our personal injury lawyers explain the entire timeline.
Understanding the Timeline of a Personal Injury Lawsuit
Here’s the breakdown to help you better understand every step of the procedure.
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The Injury
Getting into an accident isn’t something anyone thinks about or can prepare for beforehand. It’s always sudden and can leave you in shock, both literally and figuratively. To strengthen your case, document all important information including where and when it happened, witness contacts, weather conditions and CCTV footage (if any). Missing out on any of these crucial details may weaken your case and make getting fair compensation more difficult.
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Seeking Medical Attention
Though you should collect information about the accident, the very first thing you should do is seek medical attention. You may seem fine but have internal injuries, and documenting your injuries will only make your case stronger. This also comes in handy when you claim for insurance.
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Consulting an Attorney
Think you can move head without an attorney? Think again. Personal injury lawyers know how to get the best possible compensation for their clients. Find an attorney who will judge your case based on its merits. If you don’t have a case, you will only be charged a consultation fee.
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Investigating Claims and Medical Records
Your attorney will ask you everything about your accident, including how, where and when it happened, and who witnessed it. Be sure to give them all the details for the strongest case. They may also ask you about your medical history as the insurance company may claim that your injuries were pre-existing. To safeguard you from such complications, your attorney will gather all related medical reports and prescriptions to use as evidence.
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Filing an Insurance Claim or Demanding a Settlement
Many settlements are made out of court. Your attorney may want to claim compensation from the at-fault party’s insurance company. This happens before a lawsuit is filed. After filing the claim, the insurance company will investigate your case and may offer a settlement. If you feel the amount is less than you are entitled to, your attorney will help you negotiate a larger amount.
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Filing a Lawsuit
When insurance companies don’t want to pay your claim, you can file a lawsuit , under the supervision of your attorney. By taking this legal action, the defendant’s insurance company will feel the pressure to take the matter seriously and is more likely to offer a fair settlement. However, the litigation period will vary from case to case and could go on for years.
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Going Through the Trial
If you’re dissatisfied with the settlement offered by the insurance company, your case will eventually go to court. This is where the judge will have the final say after considering evidence from both sides.
Note: There’s no guarantee that the judgement will be in your favour or, if you win, the settlement amount might not be more than was initially offered. |
When you’re injured due to another’s negligence, you can claim compensation from the defendant. Though the entire process is time-consuming, in the end you are more like to receive a fair settlement than if you had not pursued the matter. This is only possible, however, if you have an experienced attorney, so be sure to choose a personal injury lawyer from a reputable law firm.