What is the personal injury claim process?
The personal injury claim process is the series of stages involved for the injured to obtain justice after being involved in an accident that was not inflicted by him.
This series of stages involves the details as well as the duration for the settlement to be enacted. All the information he needs to Know about the Personal Injury Claim will be dealt with extensively in this article. A lawsuit might also not be applicable for every case before justice is affected. In his attempt to seek settlement he does not necessarily have to undergo every stage that will be discussed below.
Immediately after an accident the injured should seek medical treatment. This is the right thing to do. Even at the faintest feeling of discomfort, you should visit a medical practitioner for a check-up. A medical report should be produced after a stipulated time after the accident. Otherwise, the jury or the insurance adjuster will more likely treat the case with levity.
Employ the Service of a Personal Injury Lawyer
The injured need to seek the expertise of a personal injury lawyer for any case beyond what he can handle. Except for the minor injury cases. And this is only advisable for him to go ahead if he feels confident enough to do so. In severe cases of broken bones, excessive blood loss, internal bleeding, or staying out of work for a while. A Personal Injury lawyer should be consulted. When the other party lay claims on major areas, he might also need the expertise of a personal Injury lawyer. Ensure to make inquiries about the question you will need to ask the personal injury lawyer before proceeding to hire one.
Investigation of Claim and Review of Medical Records
For the smooth running of his case, a hundred percent transparency and honesty are required on the path of the injured in dealing with his lawyer. Lawyers don’t like being surprised, more especially on official matters. The medical report, a detailed description of the accident, and any other useful pieces of information are detail the injured ought to communicate to his lawyer. This is are essential tools for necessary for investigation by the personal injury lawyer. At times getting all this useful informations might take about a month.
Making Demands and Negotiation
For some cases that can be settled out of the court, the other party’s attorney or insurance company should be contacted. The both parties can then negotiate to reach a compromise without filing a lawsuit.
If the injured is lucky enough to have a good lawyer on his team, a lawsuit would not be filed against the defendant until the injured has reached Maximum Medical Improvement (MMI). Because not until MMI is attained would the total cost of the case be known. If the lawyer decides to still file a case before MMI is attained by the plaintiff it could make the jury treat such a case with levity. The case would go into litigation if settlement lingers or if both parties are far apart.
The Personal Injury Lawsuit is Filled
When the plaintiff and his lawyer have reached a conclusion to file a personal injury lawsuit to court then is the litigation phase said to have been attained. The statute of limitations is a standing order that guides every state to file their lawsuit within a specified time frame. It usually takes one to two years for a personal injury case to reach the trial stage. Bearing in mind that the pre-trial procedure differs from state to state.
The Personal Injury Case Discovery
When the two-party involved in a case have thoroughly researched and are fully aware of each other’s claims and defenses the discovery phase is said to be unveiled. It is in the discovery stage that the plaintiff and the defendant exchange question and document requests. Witness and other relevant parties starting from the Injured team to the defendant team are allowed to come up for questioning. This period spans between six months to one year based on the nature of the case and the court preceding.
Negotiation and Mediation
On the termination of the discovery phase, the personal injury lawyer proceeds to discuss settlement. Depending on the peculiarity of a case settlement can be reached by the negotiating of both lawyers or they seek to go into meditation. Meditation is a way of reaching a settlement by the involvement of a neutral third party. This third party is referred to as the mediator.
Most time both parties are able to achieve settlement from meditation. If all else fails each party goes into the Trial phase. This is the final stage of obtaining justice in a Personal Injury case. The trial period can last for a day, sometimes it extends into one week and for other complex cases the time frame might be more. Depending on the state the personal Injury case is being handled, the trial lasts for just half a day which is usually for more than a whole day. The trial date is subject to change depending on the judge’s schedule. So, the trial phase is a very flexible phase that is subjected to change based on orders from the judge.
An injury case is usually handled by insurance companies based on the agreement they have with their clients to pay for the damages on their properties in case of an accident. This is why people would want to spend their resources on insurance. He goes into a documented agreement with any insurance company, he should make sure the terms and conditions are well understood. It is the responsibility of the claimant to have a good understanding of the insurance policy of the company he wants to collaborate with. Adhering strictly to their terms and conditions will guarantee his insurance case of a personal injury emergency.
Take your time to read through the terms and conditions of the insurance company. Do not hold unto assumptions.