Filing an Injury Claim

Filing an Injury Claim: What to Know When you’re injured in an incident that was caused by another person’s negligence or intentional harm, the law provides a way for you to obtain compensation; this is called a personal injury claim, and it starts with filing a claim with the other party’s insurance company. Whether the accident involved vehicles, a business property, medical malpractice, or another type of incident, there’s almost always an insurance company involved in the process.

Protect Your Claim You’ll want to make as strong of a​ personal injury claim​ as possible, so what you do immediately after the incident will matter. Regardless of the type of accident, you’ll want to collect the names and contact information from the other parties involved and information for any witnesses to the accident. If the incident involved property damage, such as in a traffic accident, you should use your phone’s camera to take pictures of the damages. You should also get a medical evaluation and obtain copies of your records and bills.

Consult an Attorney Very shortly after you file a claim for damages, the insurance company will send an adjuster to investigate the claim. This will involve interviewing you and making an initial settlement offer to cover your damages. Once you accept a settlement, you waive any future claims for damages. If the treatment of your injuries cost more than you anticipated, the settlement may not be enough to cover those costs. This is why it’s ideal to hire a personal injury attorney before speaking to an insurance adjuster. Your attorney will make sure the interview is conducted in a fair manner. Additionally, injury lawyers have more experience in negotiating with insurance companies, so your attorney will likely obtain a fairer settlement for you.

Going to Court While settlements are usually reached through negotiations, that’s not always the case.

If your claim does lead to a lawsuit, you will already have hired an attorney to represent you. This saves precious time in a situation where you only have up to two years to​ file your case​ in civil court. As soon as your lawyer realizes the negotiations are failing, he will submit your complaint with the court to start your lawsuit as quickly as possible.

Personal injury attorneys offer free initial consultations, which are used to evaluate the strength of an individual’s case. During this meeting, the attorney will tell you what to expect from your claim, including an estimate of what you may receive in damages.

Since the attorney works for a percentage of your settlement or jury award, it’s in his best interests to obtain a favorable outcome for you.