What Happens in a Personal Injury Claim?
Here is an overview on what you can expect while pursuing compensation for accident injuries.
Personal injury claims involve a wide range of accidents. They include automobile accidents, slip and falls, and much more. The common thread in all personal injury claims is that a person sustained an injury due to the negligent, reckless, or intentional acts of someone else. The law provides a mechanism for those injury victims to seek monetary compensation for the harm they have suffered at the hands of another. Through a personal injury claim, accident victims are able to recover much needed financial compensation for things such as medical bills, lost wages, and pain and suffering. The personal injury claims process may seem overwhelming, particularly to those still trying to cope with injuries suffered. That is why the dedicated team at Fazli & Associates is committed to helping our injured clients in any way we can. We fight for their right to full and fair compensation for their injuries so that they can focus on what is most important, taking care of themselves in this difficult time.
What are the Steps Involved in a Personal Injury Case?
While personal injury claims may take many forms, the basic stages of a typical injury case remain fairly consistent. The first priority after any accident is always to seek medical treatment for injuries sustained. Go and get checked out even if you do not feel that hurt.
Accident injuries can be subtle, even sneaky. You may not realize the full extent of your injuries until several days later. Immediate medical care will not only strengthen your personal injury claim, it will help you on a faster road to recovery. An investigation into the accident will also be launched. This will include gathering any accident reports. It will also involve getting access to things like security camera footage of the accident as well as locating witnesses and taking statements.
If you have chosen to be represented by an attorney, your legal counsel should be in the process of gathering your medical records and evidence about the accident to prepare a demand letter. The demand letter will be an offer of settlement to the insurance company of the at-fault person. It will set forth your damages, such as your medical expenses, lost wages, and the projected cost of future medical care. Based on these numbers, a settlement offer will be extended in an effort to avoid the time and expense of going to court. The demand letter will kick off negotiations with the insurance company. If an agreement cannot be reached, it is likely that a lawsuit will be filed.
To file suit, the complaint will be filed with the court and served on the opposing party or parties. The complaint is an overview of your case. It sets for the parties involved, the plaintiff’s (you) claims, and a demand for damages to be paid as compensation for the harm you have suffered. The defendant will submit an answer to the complaint. The next step is discovery. Discovery is an important and often lengthy process. Both sides of the lawsuit use
the discovery process to collect as much information relating to the lawsuit as possible. This will include things such as document production and depositions.
Oftentimes, parties to a personal injury lawsuit are sent to mediation prior to trial in a last effort to resolve the claim before full-blown litigation is necessary. All parties and their attorneys attend the mediation which is moderated by a neutral third party referred to as the “mediator.” Both sides are given the opportunity to present their cases and discuss what needs to happen for a settlement to occur. Should mediation fail to successfully encourage a mutually agreeable resolution to the personal injury, the claim will go to trial.
Advocating For You Every Step of the Personal Injury Process.
Personal injury claims can be complex and involved. Insurance companies will do whatever it takes to undermine the value of your claim or avoid paying it altogether. Fazli & Associates stands up to big insurance companies to zealously advocate on behalf of our clients. If you have been injured in an accident, whether it be a car accident, slip and fall, or something else, we are here for you. Contact us today.