Constitutional Daily
May 2020
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How Do I File a Personal Injury Claim?

Sam LarsonSam Larson

After suffering a serious personal injury from an accident, you may feel lost. You may feel overwhelmed with the onset of medical bills, doctor’s appointments, time off work, and lost wages. You may not make a full recovery, even with expensive treatments, that may have you thinking, “what now?”

Fortunately, you have options and legal rights. After sustaining a debilitating injury or losing a loved one due to another’s negligence, you are able to recover compensation for your losses through a personal injury lawsuit or wrongful death lawsuit. 

Determine if There is an Insurance Policy

After a car accident, it is imperative to find out if the other driver has insurance. The same concept goes for property owners after a slip and fall, companies after a workplace injury, and truck drivers after a collision with a big rig. Determining if there is insurance can help clarify how you will be able to recover compensation after a jury awards you damages. 

If the defendant does not have insurance, the defendant may have limited assets that may not cover all your financial damages. In this type of situation, you may want to consider utilizing your own health insurance.

Decide if You Should Hire a Personal Injury Attorney

Prior to taking any legal action, you may consider hiring a personal injury lawyer. Before you decide whether or not you want to hire one, schedule a free consultation with a top-rated personal injury lawyer near you. Many offer no-obligation consultations and can help you explore your legal options for your unique case, regardless if you decide to hire them.

If you choose to hire a personal injury lawyer, a lawyer can help far beyond the filing process. An attorney can help find and preserve evidence, build your case, hire experts to determine long-term care, fight for maximum compensation, and deal with the insurance company. 

“Having an attorney also helps you maximize your compensation amount. Some injuries with long-lasting effects can put a bigger financial, physical, and emotional strain on you than you may expect,” note injury experts at Begam, Marks, Traulsen, P.A., “Insurance companies like to take advantage of this to offer settlements for less than you deserve. With an attorney on your case, you’ll have a much better chance at getting the appropriate amount of compensation for your injuries.”

Choose to File or Not to File a Lawsuit

Most personal injury cases reach a settlement before trial and many are resolved long before a civil lawsuit is even filed. 

In a situation where there is insurance, you will be able to file a third party claim against the at-fault party’s insurance carrier. The insurance carrier name, policy number, and at-fault person’s name are all necessary to file a third party claim. Then, send the company the claim, complete with the relevant information regarding the date and time of the accident, your information, the insured person’s information, and a notification letter informing them you have been injured and intend to file a claim.

If your insurance claim hits a roadblock or communication breaks down over settlement negotiations, you can begin the personal injury lawsuit process by filing a complaint in your state’s civil court local branch. Keep in mind each state differs in their personal injury statute of limitations, meaning you only have a limited amount of time to file a lawsuit following an injury.

If you have been the victim of negligence that resulted in serious personal injuries, you have options. You can recover significant financial compensation for your losses through a personal injury claim, should you decide to file. Choosing to file a personal injury claim can help you rebuild your life and continue your process of healing. 

Law
Sam Larson
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