Being a victim of another party’s negligence and having to suffer a personal injury is a stressful process. Whether it happens to be a car accident, slip and fall case, workplace injury, or any other type of accident, you are likely to face medical bills, lost wages, and emotional anguish. In such cases, filing a personal injury claim enables you to get compensation for the damages and make those who caused it responsible.
However traveling the personal injury claim is a difficult and uncharted territory to many. Being aware of what to anticipate from the process can help create a sense of clarity and reassurance during challenging times.
Whether you are considering filing suit or have already initiated the process, understanding the path ahead of you can offer guidance to allow you to make informed decisions and work towards a resolution that is fair.
A houston auto accident lawyer can help you with cases of personal injury.
The personal injury claim process often begins with an essential step: Initial consultation with the personal injury lawyer. This is a venue for you to present your case to a legal practitioner and decide whether you have a case.
First consultation with a personal injury lawyer will be a chance to analyze your case details. You will be given a good chance to give a detailed narrative of the event that caused your injuries. Be prepared to share important information, including:
- The conditions of the accident or incidence
- Some injuries you sustained and their degrees
- You have already received medical care or are going to receive it
- The names and contacts of the parties involved
- Insurance information, if such is applicable
The consultation will also encompass the fee structure as proposed by the lawyer. Most personal injury lawyers work on a contingency fee basis; that is, they only earn if you manage to get some compensation.
The first thing you will receive is the information about the fees of the lawyer and additional expenses that may be concerning your case. The initial consultation will be your chance to ask questions and voice any doubts that you may have. Don’t hesitate to ask the attorney about their experience, their background with similar cases, and the time frames for the claim.
After meeting with a personal injury attorney and settling on filing a claim, the most important step of the process is the discovery stage of accumulating evidence.
Whether this is applicable, they can visit the scene of the accident to gather evidence, take photos, and assess any relevant conditions.
Your attorney will gather all related documents, such as accident reports, medical reports, witness statements, and all correspondence with insurance companies.
Negotiation with the Insurance Company
After this stage, it does not necessarily mean that the process of the compensation claim stops there, but the next stage will most likely be negotiations with the insurance company acting on behalf of the alleged party. This stage is an integral part of claiming for your injuries.
Your personal injury attorney will make a formal claim to the negligent party’s insurance company. The insurer will mostly counter with the initial settlement offer. This offer may be less than what you assume you deserve. It should be noted that insurance companies tend to settle claims for the least amount of money so that they can keep their business costs low.
Filing a Lawsuit
In spite of the fact that many personal injury claims are successfully resolved through negotiations with the insurance company, there are situations in which a fair settlement cannot be reached, leading to the need for litigation.
All of this starts with drafting a proper complaint, which is also called a petition. The parties that are involved in the case are known to be the defendants and the plaintiffs.
Once the complaint is all set, it is time to file the complaint on the court that is in the jurisdiction where the accident occured. Now, after the lawsuit is filed, the process starts from there and then appropriate action is taken against the parties responsible for causing damages.
Now, in all of this, if there is no settlement reached, then the only thing that is done hee is that there is a trial. After the trial there can be some appeals made to get the case less stricter than it is actually.
In the end, you must know that personal injury claims can be a lot of work. These are not at all an easy process to maneuver through. The best thing one can do at such times is to hire the best lawyer that is available at that time to look after the case and get the best compensation that is deserved by the victims.