The Legal Process of Personal Injury Claims
If you were seriously injured in an accident, you might have heard about filing a personal injury claim. However, they can be long and expensive processes - what is the legal process like, and is it worth it? How do you navigate a personal injury claim?
Of course, the first thing you will need to do (after immediate medical attention) is to hire a good lawyer. There are general personal injury lawyers or more niche experts, such as FedEx accident lawyers, that will help you get the compensation you need.
No matter what kind of lawyer you hire, navigating the legal process of a personal injury claim can be tricky. Here’s a guide to the steps of a personal injury claim and how to make one without tearing the rest of your life apart.
Hiring a Lawyer
The first step is hiring a good personal injury lawyer. Most personal injury lawyers offer two distinct perks: they do not charge fees unless you win and give free initial consultations. Both of these are necessary for your peace of mind. You can find the right lawyer to represent you for the correct cost.
After an initial consultation, you and the lawyer can decide a few things about your case. Firstly, you want to ensure that you have enough evidence and long-term medical problems to win the case. Once you’ve determined that, you will decide how much compensation you will ask for.
While you can do each of these steps independently, it takes massive research, time, and effort. Let a professional take over the paperwork; filing is much easier, so you can focus on recovering from the accident and living the rest of your life.
Finding Evidence
With your lawyer, you will need to find evidence that backs up your injury claim. The basics of a personal injury claim are twofold: the injury needs to have lasting health consequences (either physical, mental, or emotional), and some form of negligence must have caused the injury.
Negligence is when an accident occurs because someone isn’t following safety protocols, is breaking the rules, or isn’t paying attention. The court can label any of these situations as negligent, especially if there were witnesses. Many personal injury cases are due to workplace negligence.
Filing a Claim
Once you have sufficient proof of negligence and medical evidence (obtained from your medical team), your lawyer will file the official personal injury claim. Finding the evidence and getting past insurance red tape is sometimes the longest part of the process. If you don’t go to court, filing the claim might be the last step.
Once your claim is filed, all you need to do is wait. The guilty party will either settle out of court or fight back. Most personal injury cases get settled out of court, as they are difficult to win for defendants and can give companies a bad name.
Going to Court
If you do go to court, the expertise of your lawyer will be invaluable. This is the trickiest part of the legal process and the most challenging part to do. Many people choose not to hire a lawyer, hoping they won’t have to go to court, then lose their cases in the courtroom.
If you have to go to court, your lawyer will walk you through the process. You might have to testify or call witnesses, but you can let the attorneys take care of that. Instead, just follow the professionals’ lead and hope that the judge and jury make a quick decision. A well-prepared case should be over in a few months.
Final Thoughts
From the initial lawyer consultation to the courtroom, a personal injury case can drag on for months or even years. However, the legal process isn’t as complicated as it seems, especially if you hire a trustworthy lawyer to help you through the steps.
Image credit: Depositphotos