Injury as a result of another party’s negligence may warrant a personal injury claim. That means if someone’s dog bites you or you slip and fall from a slippery supermarket floor, you are liable for some form of compensation. Of course, these are just a few situations that may merit a personal injury claim, others include careless driving and even medical malpractice.
Filing for a personal injury claim can be a very complicated affair, especially if it’s your first time. The personal injury claim process isn’t the most straightforward of legal processes, but with the right tips, filing your personal injury claim will be a breeze.
This guide will expound on how you can initiate and finish a personal injury claim successfully.
Find a Personal Injury Attorney
Tort law is a convoluted branch of law, and you’ll probably need a bit of legal counsel. That’s why hiring a personal injury claim lawyer should be the first step in filing your personal injury claim. You can leverage the lawyer’s experience and expertise to help you get fair compensation.
Of course, you can always choose to represent yourself, but this rarely works. Hire a personal injury lawyer and better your chances of getting a fair claim. If you’re looking for a reputable personal injury attorney in Pasadena, you can find one here.
Prepare Your Documents
Once you have a qualified lawyer by your side, the next step should be to prepare your documents. The bulk of these documents are your medical records that document your injuries, damages, and all the treatments you received.
These documents will help establish the cause and severity of the injury. Also, prepare documents that prove how the injury affected your life. These include medical bills and lost work reports. Gather as much relevant information as you can to help prove your case.
Serve a Notice of Claim
It’s legal protocol that any claimant must inform all the involved parties of their plan to file a suit. This is what is known, in legal jargon as, service of process. The notice will be delivered by a law enforcement officer or a professional server.
Initiate Settlement Talks
Sometimes your lawyer may demand compensation from the defendant’s lawyer or their insurer before the court case. In such situations, the lawyers from each party may begin talks and reach an agreement on a fair settlement for both parties. If things go well, you may receive fair compensation, and the process may conclude.
Filing the Lawsuit
If settlement talks hit the wall, then you’ll be forced to file a lawsuit. If you file a lawsuit, this marks the start of the discovery phase.
The discovery phase is where both parties will look into each other’s claims and defenses. Please note that both parties must remain truthful and as comprehensive as possible when conferring information to the other party.
Mediation
Both parties will attempt another mediation process through their lawyers. This process will involve a neutral third party who’ll try to reach an agreement that satisfies both parties. If this mediation fails, the case will progress into a trial.
Trial
According to statistics from the US government, only 5% of all personal injury cases go to trial. It’s improbable that yours will. If it does, the court will hear both sides of the story, and the jury will deliver a verdict on the case.
The Personal Injury Claim Process Made Easy
With the right lawyer by your side, the personal injury claim process will be a walk in the park. However, if you can reach an amicable agreement at the earlier stages, the better it is for you. Do your best to ensure that the case doesn’t proceed to trial.
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