If you have been injured in an accident, you have a legal right to compensation. For many victims of car accidents, the compensation process can be confusing and time-consuming. However, it is important to understand the process and know your rights.
When you are hurt in an accident, you have a legal right to file a personal injury claim. If you are not properly compensated for your injuries, you may be able to collect damages from your insurance company. However, there are certain steps you should take to ensure you get the compensation you deserve.
Hiring A Personal Injury Attorney
Your first step in the compensation process is to hire a personal injury attorney, like Rosenfeld Injury Lawyers. Your attorney will help you document your injuries, gather evidence and determine a reasonable settlement amount.
You will want to work with a personal injury attorney who has experience in handling personal injury cases. A good attorney will be able to guide you through the personal injury claim process. They will also be able to help you when dealing with insurance companies and your medical providers.
Incident Documentation
Your lawyer will help you document the accident and your injuries. A common form that personal injury lawyers use is the form known as a “Medical Bill of Rights” or “Statement of Medical Necessity.” This form will help you document all of your injuries and any future medical expenses.
Your attorney will also ask you to fill out a form known as the “Injury Claim Form” or “Statement of Loss.” This form helps you document everything from the date of the accident to the amount you were paid by your insurance company. It also includes details about your medical condition and any future medical expenses.
Medical Records, X-Rays, and Lab Results
Your personal injury attorney will help you gather medical records, X-rays and lab results. The more information you have, the better your case will be.
In addition to medical records, your attorney will ask for copies of police reports for any accidents that occurred before the accident that may have contributed to your injuries.
Video Evidence
Your attorney will ask for any video footage from any surveillance cameras that may have captured the accident. This can be useful in showing what happened during the accident and how the other driver was at fault.
Police Report
You may also need to obtain a police report from the police department where the accident occurred. The police report will help show that you were injured in an accident and provide details about what happened during the accident. Your lawyer will ask for this report if there are any discrepancies between your statement and any police report.
Witness Statements and Other Evidence
Your attorney may request witness statements and other evidence from those involved in the accident including witnesses, police officers, medical providers and auto repair shops. If there are any inconsistencies between what you say happened and what other witnesses say happened, these statements can help show that your injuries were caused by another driver’s negligence. These witnesses may also be able to give details about your injuries that can help prove your case.
The Filing Phase of Your Case
Your personal injury case is filed when all the evidence has been gathered and you have hired an attorney. Your attorney will work with you to gather evidence and prepare for trial if necessary. While this stage of your case is happening, you will receive regular updates about your case through phone calls or letters. Your attorney can also advise you on your legal rights throughout this process.
- Gathering Evidence: Your attorney will gather all of the evidence needed for your case including medical records, witness statements, police reports, video footage and accident reports from auto repair shops. This material will be presented at trial so that it can be used as evidence against the other driver’s insurance company.
- Filing an Injury Claim: Once all of the evidence has been gathered, your lawyer will file an injury claim against the other driver’s insurance company. The insurance company has a legal obligation to pay a fair settlement amount for your injuries.
- Negotiating a Settlement: Your case can take several months or even years to resolve depending on how complicated it is and how well your case is prepared by your attorney. You may have multiple negotiations with other insurance companies until one settles with you for a fair amount of money.
- Litigation: If necessary, litigation can take place between you and the insurance company depending on how much money they believe they should pay you for your injuries. This can include filing court documents, attending court hearings and having witnesses testify on your behalf at trial.
- Jury Trial: If necessary, a jury trial may take place after all other negotiations fail to settle your case. A jury trial is a trial without a judge or jury but with an impartial panel of people who are not involved in your case. During this phase of your case, witnesses are called to testify on your behalf and evidence is presented by both sides in order to convince a jury of their side’s version of events at trial.
- Verdict: After all evidence has been presented, the jury decides whether or not the other driver should pay compensation for your injuries. If the jury decides against you, the other driver’s insurance company may still decide to settle with you if they believe they should pay compensation for your injuries.
Filing a personal injury claim is an important step in getting the compensation you deserve for your injuries. By following these steps, you can make sure that your case is prepared properly and that you receive the best possible settlement.