Each year millions of people in the U.S. require medical attention as a result of sustaining an injury. According to the latest figures by the Centers for Disease Control and Prevention (CDC), 40 million injury-related visits to the emergency department are made in the U.S. each year.
In some cases, an individual who sustains an injury due to the fault of another party may consider filing a personal injury claim against them. Under the law, a person may be eligible for compensation for the physical, emotional, or mental injuries and losses they have incurred as a result of another’s negligence.
In filing such a claim many of these individuals will have had little to no contact with attorneys or legal proceedings. Navigating this process can seem like a daunting task, especially with regard to legal rules, procedures, and language. To help you understand the intricacies of a personal injury claim this article has outlined the process involved, enabling you to move forward with confidence.
Investigation and Information
To succeed in a personal injury claim, the claimant will need to gather information and evidence to establish the facts and prove the other party’s fault. This can be done with the help of an experienced lawyer such as this Spokane personal injury lawyer. To establish the events surrounding an incident, a claimant will benefit from gathering certain information, either with the help of their attorney or to present to them after. This includes any police reports, eyewitness accounts, and photos or video footage of the incident and any injuries.
It is also necessary to request medical records which detail the nature and extent of the injuries sustained along with relevant pre-injury records which can rule out the possibility of a pre-existing health condition or injury. This is important for countering a possible defense that the claimant’s injuries were already present before the accident and were, therefore, not the fault of the other party.
Assessing Damages
Aside from any injuries, a claimant will likely seek compensation for certain losses incurred as a result of their accident. These are known as damages and involve quantifying the monetary impact of the incident on the claimant. In a personal injury claim, damages usually include matters like medical expenses, lost wages, property damage, and physical pain and suffering. A personal injury lawyer can help a claimant recover the damages they are entitled to, ensuring they are justly compensated for their injuries and losses.
Negotiating a Settlement
The negotiation process typically involves several offers and counteroffers between claimants and the other party’s insurance company. However, insurance companies are skilled at disputing claims or employing tactics to reduce the amount they pay out, putting claimants at an unfair advantage.
A personal injury lawyer representing a claimant can navigate these negotiations on their behalf, ensuring a settlement that fairly reflects their losses. This can greatly benefit a claimant as they do not need to undertake these negotiations themselves. In some cases, a settlement cannot be reached and the case may then go to trial.
Depending on the extent of the injuries and the potential losses incurred, it may be advisable to hire the services of a personal injury lawyer who can expertly handle the claim and secure the compensation that is deserved.
Published by: Nelly Chavez
