Thu, 17 Jun 2021

What Is a Personal Injury Claim?

20 May 2021, 05:33 GMT+10

You always want to find an attorney that specializes in the area that you need. In the case of personal injury lawyers, experts understand the definition, know local, state, and federal laws and mandates, and have specialized experience in personal injury claims.

The process can be overwhelming, but if you know the steps to take and have an expert advocate by your side, a favorable outcome is more likely.

What is a personal injury claim?

The definition of a personal injury is a cut, bruise, broken limb, or any other injury to your person due to negligence. Wrongful death falls into this category, too. Personal injury claims do not include damage to property, including contents.

The primary reason you would file a personal injury claim is if you are a loved one who has suffered harm or death that someone else might be responsible for. The reasons you would seek compensation could range from medical bills to you simply wanted justice for a wrong done. Regardless, consult with a personal injury lawyer even if you aren't sure if you would qualify to file a claim.

Consulting a Personal Injury Lawyer

When filing a personal injury claim, the first step is to contact an attorney specializing in the area. You will need to consult with them before filing and throughout the process. It is a lawyer's job to advocate for you.

With their guidance, a personal injury attorney will discuss with you the specifics of your circumstances. During this part of the claim, a lawyer typically evaluates cases for free. The reason is that the first thing to decide is if there is a defendant who was negligent and if it led to your injuries.

Discussing the severity of your injuries is the next step you take in a personal injury claim. Your attorney needs to know if they are long-term or require extended care. It is how they decipher how much compensation to seek. Part of the claim will include your medical costs incurred and those that might come in the future.

The last thing that the lawyer your choose will discuss with you is your legal options. It is ultimately up to you if you decide to pursue this case any further.

Investigation Phase

One of the primary reasons an attorney is helpful during this stressful time is because they do the paperwork and the leg work. It is their job to pursue leads and investigate what happened and what led to your injuries.

Your representative will conduct an independent investigation. They will track down witnesses, take statements, gather police reports and medical records. Throughout this process, your attorney will keep you in the loop and update you.

Filing Phase

Typically, you and your lawyer will discuss what the right about of compensation is. They will craft a letter with that demand to send to the negligent party. In some cases, the person's insurance or the institution will settle your claim out of court. However, if no settlement is reached, you will file a personal injury lawsuit with the court.

During discovery, Feroleto Law will work tirelessly to build the most robust case possible to get the compensation and justice you deserve.

Mediation is the next step. The court will try to help both parties reach an agreement before a trial. Attorneys that specialize in personal injury claims understand how to negotiate and will never settle without your input.

If no agreement is reachable, your lawyer will take the claim to trial. Typically, a jury of your peers will decide whether you get compensation and how much you deserve. It is more important than ever to have an attorney that has expertise and experience with court trials.

And finally, if you lose in court and your law team feels that it was unfair, they will and can appeal the case. During every step of the process, having an advocate will elevate the load on your shoulders while you recover.

How Accidents Can Affect You

Accidents happen but rarely do they lead to trauma. However, when they do, it is often because of someone else's negligence. While your wounds might heal, the physical effects could be long-lasting and can include:

  • Chronic fatigue
  • Low energy
  • Inability to concentrate
  • Poor memory
  • Insomnia and other sleep disruptions

Everyone's injuries are different, and what someone can get over tomorrow, you might never get over. But, you are not alone, either. People who specialize in personal injury guide you through the entire claim process and are there to advocate for your better good.

Understanding Your Rights

It is your right to seek compensation and justice in the case of personal injury. Having an advocate at your side makes the entire process more straightforward. It reduces the chances of a negative outcome. Attorneys that specialize in personal injury claims will stick by your side from the consultation to the final verdict.

It is already a stressful time in your life. You do not have to go it alone. Doing a little research goes a long way towards getting justice and recovering compensation. Seeking the best representation for you and your specific situation will ensure that the process is smooth, and you are able to recover while they do the work.

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