UNITED STATES—Getting the best legal advice if you have been injured through no fault of your own is essential if you are to pursue a claim for compensation. Here is our step by step guide on how to process a Personal Injury Claim to get you started.
STEP 1: Are you eligible to make a claim?
If you have sustained an injury as a result of an accident which was not your fault, then you are eligible to make a Personal Injury Claim. Negligence on behalf of another person or entity will need to be proved and you sustained your injuries as a result of their actions or failure in their duty of care.
STEP 2: Appoint a Legal Representative
If you believe you are eligible to claim compensation for personal injury, it is important to seek and engage specialist legal advice as soon as possible and find yourself a Miami accident attorney. A Personal Injury Lawyer will bring a wealth of knowledge and experience of personal injury compensation claims and be able to advise and act on your behalf.
STEP 3: Gather all your evidence
Working with your Personal Injury Lawyer, you will need to compile all the documentation and evidence required to support your claim. This will include details of the accident or incident, witness statements, police and doctor reports, medical records relating to your injury and treatment as well any photos or video evidence. From this, your legal representative will be able to fully assess your case and the level of compensation they believe you are entitled to.
STEP 4: Negotiating an out of court settlement
With all this evidence to hand, your Personal Injury Lawyer will compile a case for liability and liaise with all the relevant insurance parties to negotiate an out of court settlement. Without the advocacy of a legal representative, you could be tempted to accept a compensation offer that is lower than you are actually entitled to. If an acceptable settlement cannot be agreed, you are entitled to choose to file a lawsuit and take your claim to a civil court.
STEP 5: Filing a lawsuit
Once you have formally filed a lawsuit, you become the plaintiff and the individual or entity responsible for your injury becomes the defendant. Both sets of legal representatives will then engage in a process called ‘Discovery’, where they share and collate all the evidence and obtain testimonies.
STEP 6: Agreeing on a settlement
In most cases, the Discovery process ends with a settlement offer and only a small percentage of cases actually end up at trial. While your Personal Injury Lawyer can advise you as to whether to take or reject this settlement, the final decision is yours. If you accept a settlement at this stage, you are agreeing to drop your claim against the defendant in return.
STEP 7: Taking it to trial
If it was to go to trial and you win your case, the judge or jury will award you damages – an amount of money intended to compensate you for your financial loss and suffering as a result of your injury. If you lose your claim at court, however, you will not be entitled to compensation and could be liable for the litigation costs, so it’s essential to discuss this risk upfront with your lawyer before proceeding.
Key to any Personal Injury Claim is the right legal advice and guidance and by using a referral service such as Injury 1800, you can be assured of finding the best Personal Injury Lawyer for your individual case. And making the step of appointing the right legal representative can save you time, stress and money as well as maximize your chance of the very best compensation outcome.