If you’ve been involved in an accident because of someone’s negligence then putting together a claim for personal injury can be quite stressful. In order to help you manage your expectations and keep stress away, here is how to begin the claim process. The complete guide comprises the following as a step by step process:
Initial Consultation
Everything starts with a webinar focused on personal injury cases. At this meeting, the intricacies of the case are discussed, such as how the accident happened, how badly you were injured, and how the wounds changed your life. After hearing from the potential client, the New York City personal injury lawyer will assess the viability of the case.
Investigation and Evidence Gathering
When you make up your mind to proceed, your attorney will carry out a detailed inquiry with the case, integrating, but not limited, to medical records, police records, eye witnesses, and the location of the accident and everything in between. Hire them as necessary if they are qualified, such as those that reconstruct accidents or those in the medical field.
Filing the Claim
In the aforestated procedure, your lawyer will get in touch with the responsible party’s insurance company and make a claim. The compensation sought as well as injuries suffered is clearly delineated. The filing of this claim sets the ball rolling on the negotiation phase and acts as notice to the insurer of the intention to pursue the question of damages with them.
Negotiation with the Insurance Company
After filing notice, the insurer is going to evaluate the received claim and in some cases, provide a settlement. It is not unusual that the first settlement received is far below the range of figures of what such a claimant should be receiving. Your lawyer will receive the settlement and file a case on behalf of the person who has lost wages, has suffered pain and suffering, so that the claim provides medical and hospital charges relating to the injury.
Mediation or Alternative Dispute Resolution
If somewhere your negotiations reach a deadlock, your lawyer may suggest reversion to mediation or go for some other forms of alternative dispute resolution. With these the two parties can actually discuss the claim aided by a neutral mediator which helps to resolve the matter sooner.
Filing a Lawsuit
Your lawyer may decide to sue the other party, which will be attaining fair compensation, affordable to the other party. A lot is involved here as one would be filling different legal documentation, turning up to the hearing and finally making sure that one argues their case in front of the judge or jury.
Resolution and Compensation
If there is a settlement or court verdict, the process has finally come to an end. After you receive your compensation, your attorney will settle any remaining medical and legal expenses on your behalf prior to transmitting any balance to you.
Need Legal Help? Contact a lawyer
While the personal injury claim process is intricate, there are the necessary steps that when undertaken with the aid of a knowledgeable advocate, the process ought to be straightforward. And this knowledge puts you at a better standing to work towards an equitable settlement as well as keep your mind off the legal processes as you recuperate.
