The Five Steps In A Personal Injury Lawsuit

Personal injury incidents are not rare, but people might have vague knowledge about the procedure for a claim. Not every case jumps into a lawsuit that might stretch for many a month. Hale Law, P.A., handling auto accident cases might assist you well right after you get yourself injured under any accidental circumstances. There are more stages before injury claims result in a lawsuit; here is a laydown of those for informed decision making.

Step One: Hiring An Attorney

Inflicted damages owing to personal injury cases may vary substantially in terms of severity. But consulting an experienced attorney immediately after such accidents is recommended. Disclosing all information and relevant queries can help attorneys better understand the legal side of each personal injury case. That way, an attorney might be in a better position to guide you through the expected claim process, along with a fair estimate for the concerned claim. 

Initial consultations might start with an analysis of causes leading to a personal injury. This might include any immediate statement made by the victim after such incidents. Registered police reports and accident site photographs can be equally vital. Other points of discussion may include medical expenses, limitations due to injuries, and lost time at work. Medical bills can be a major part of personal injury claims, including future therapy costs where required. Extended absence from work due to injuries or limited work schedule prescriptions can be backed with evidence for loss of wages claim too.For more check discrimination lawyers in kansas city

Step Two: Investigating The Causes For An Injury

Understanding the various aspects of an accident becomes crucial for the accurate assessment of situations. It all might start from the victim’s statement, requiring additional evidence to expose at-fault parties. Typically, personal injury attorneys such as Larson & Miller might rely heavily on witness statements from injury incidents. An attorney understands the time sensitiveness of witness statements, which might start to fade with passing days. 

For road accidents, traffic footage or security footage from nearby businesses can also prove extremely helpful for attorneys. Such evidence can provide clear records for accidental injuries and are legally admissible. Personal injury lawyers are likely to have their own team of expert witnesses, which might be required for scene recreations or to give testimony. However, such witnesses might not be necessary for every case, depending on the criticalities involved. At Holman Schiavone, discrimination lawyers in kansas city, Missouri, our lawyers only represent individuals and the estates of victims. 

Step Three: Issuing A Claim Demand Letter

Upon successful collection of evidence and careful assessments, personal injury lawyers work with their clients to prepare a demand for the claim. For straightforward accidents, this stage of the process might involve a single demand letter to the defendant’s insurance company. But a separate claim to each responsible party might be necessary if the cause for accidental injuries may get more complex. Claim demand letters include complete details of inflicted injuries along with an expected amount for reimbursements. 

A personal injury attorney might provide meaningful assistance in preparing claim demands covering everything necessary to explain the impact of injuries on their client’s finances. This step is vital for the fair resolution of personal injury claims. Claim demands normally include injury details along with photographs, evidence to prove responsibility for an accident, medical bills and records, relevant wage loss information, and future losses or expenses, if any.

Step Four: Claim Negotiations

Early settlement offers from concerned insurance companies can be quite common for personal injury claims. Most may receive such offers immediately after sharing demand letters, while others can expect these even before assessment from client attorneys. However, such offers might require careful analysis in discussion with attorneys. Settlement offers should be compared for validity in terms of financial and emotional losses incurred by the injuries, as well as applicable policy limitations. Accepting early offers could mean an end of negotiations, signing off legal paperwork, and receiving agreed funds in your account.

Having said that, some might opt out of such initial settlement offers by the insurance companies. Having a personal injury attorney by the side might increase that early settlement amount, but it might not be sufficient to reimburse the losses. As such, comparative assessments between offers and expectations from client-attorney might be necessary. Subsequent decisions might involve issuing a new claim for an alternate fair amount, insisting on the amount as specified in the demand letter, or choosing a lower offer. There might be cases where there are several rounds of discussion with negotiating insurance companies. But these discussions might be better handled by attorneys on clients’ behalf. 

Step Five: Settlement Or Filing A Lawsuit

Not reaching an agreement with concerned insurance companies for settlement can lead to a personal injury lawsuit. Insurance companies typically try to avoid such situations due to the legal expenses overhead competing litigations. However, failing all efforts, personal injury claims might go to the court involving multiple stages before judgments. 

Related posts