How To Win Your Personal Injury Claim Pdf – This page is written, edited and reviewed by a team of legal writers in accordance with our comprehensive editorial guidelines. This page is endorsed by founding partner Terry Kraupen, who has over 40 years of legal experience as a personal injury attorney. The last modified date indicates when this page was last viewed.
If you’ve never been a party to a lawsuit before, your understanding of the legal process may be limited to the exciting courtroom scenes you see in movies and TV shows. Therefore, accident victims may assume that all cases go to trial and may be confused about how to file a personal injury claim or process. The reality is that most declarations are made outside of the courtroom.
How To Win Your Personal Injury Claim Pdf
Not every case warrants the involvement of a lawyer. At the Brown & Krauppen Law Firm, the first step is to understand your situation and gather the facts about your risk. This can be done during a free consultation, whether it’s an in-person meeting, phone call, text message, filling out a free case review form or using online chat. If your case would benefit from a lawyer’s involvement, we provide information about how a lawyer can help, including gathering evidence, documenting and making the right claim.
Injury Claim File Checklist And Organization Guide
If, after the initial consultation, the attorney deems your legal situation too complex to warrant legal representation, the next step is to sign an agreement, which formally establishes the attorney-client relationship and documents your agreement for the attorney to represent you. Your attorney will explain to you the nature of the attorney-client relationship, their responsibilities to you as a client, their fees, and the basic documents you will need.
Have you been injured in an accident due to someone else’s negligence? Get legal help from the Midwest’s most effective personal injury law firm.
Once you get an attorney, they will ask you for all the documents related to your accident, including pictures of the accident scene, pictures of property damage, pictures of injuries, medical records and/or receipts for medical treatment, etc. They are given during the initial consultation.
Additionally, your attorney will consider all the facts available to them at this time to understand the mechanism of your injury, your injuries, damages and costs. This starts with contacting the insurance company that insures the party that injured you, and ends with the other party, if they have hired an attorney. While all of this is happening behind the scenes, you should be concerned about getting the medical care you need, following the medical treatment plan recommended by your provider, and informing your attorney about the medical treatment you are receiving. Your focus during this time should be on healing and aiming to return to your pre-accident state while your attorney investigates.
How To Handle A Denied Insurance Claim?
As mentioned above, not all cases go to trial. A hearing is considered a last resort only when the parties cannot reach an agreement. Because trials are time consuming, expensive and emotionally exhausting for all parties involved. Also, if the dispute goes to trial, the tribunal will decide how much money to pay you and how much. Accordingly, the desire is to avoid trying to push the two parties to enter into a private settlement agreement out of court.
After gathering relevant evidence to build your case, your attorney will send a demand letter to the at-fault party, insurance company, or attorney, if available. A claim letter basically describes how you were injured in the accident, the damage caused by the accident and how it affected your life; The at-fault party must pay for the injuries they caused you and notify the insurance company that a lawsuit is likely if they fail to reach an agreement. After sending the demand letter, the attorney negotiates with the at-fault party’s insurance company. If the insurance company makes a settlement offer, your attorney will notify you and provide a professional opinion on whether the settlement offer is fair. However, at the end of the day, after considering the counsel’s advice, you will ultimately decide whether to accept the settlement amount or not.
Having an attorney to help negotiate and how an attorney negotiates a settlement can have a huge impact on the outcome of the case.
If, after heated negotiations with the wronged party, the parties cannot agree on a reasonable settlement amount, your attorney may decide to file a lawsuit in court. Initiating a lawsuit begins by filing a “complaint” or “petition,” where you as the injured party are now known as the “plaintiff.” This is the first document filed with the court and is served (sent) to the offending party, who is now the “defendant”. This document contains all the allegations of your claim, the manner of your injury, the nature of your injury, the damages you suffered, and why the defendant is liable to you under the laws of your state.
25 Types Of Pain And Suffering Damages In A Lawsuit (emoji Infographic)
If the defendant does not, he must hire his own attorney to receive a formal notice of complaint, as he must respond to your complaint and file an answer within a certain period of time – usually within 30 days. In the answer, the defendant admits or denies the allegations in the complaint and the defense establishes why they are not responsible for the accident or liable to pay for your injuries.
After the case is filed, the judge sets deadlines for each step of the process. However, keep in mind that a lawyer can ask the court for permission for reasons that favor the client’s case, such as needing more time to gather records or interview witnesses. Therefore, depending on the complexity of your claim and the amount of evidence to be gathered, the litigation process can take anywhere from several months to several years.
After the initial court papers are filed, the parties find out. Discovery is the process of gathering evidence, including depositions (witnesses and parties sworn before a court reporter), subpoenas, interrogatories (written questions to each party) and other witnesses/third parties. Know the facts about your risk.
Before the hearing, the parties also file a motion – a formal request to the court to act on behalf of each party. Motions dictate what is allowed and what is prohibited for each party in the pretrial process. For example, a motion to protect confidentiality may be filed and the court may be asked to prohibit the investigation of any records unrelated to the defendant’s personal injury claim.
The Average Settlement For Common Personal Injury Cases
At any point in the litigation process, the parties may request mediation: an alternative dispute resolution involving both parties, an attorney, and a neutral third party to act as a literal mediator or arbitrator between the negotiating parties. A mediator is a legal expert who can personally advise both parties on the pros and cons of reaching a settlement. This is another way to reach an out-of-court settlement without the formality of a trial before a jury.
After all discovery is conducted, back-and-forth motions are filed, and mediation does not result in a satisfactory resolution, your case may proceed to trial. Your attorney will give you information about your trial dates, what to expect, court etiquette, and how the trial process works. A typical trial process includes jury selection, opening statements, witness testimony, cross-examination (direct questioning of witnesses), closing arguments, jury deliberations, and entry of verdict.
In court, your attorney will present the facts of your case to a judge or jury using the evidence and witness testimony gathered in your case. Then, the defense will present their case and argue why they are not liable for your injuries. After both sides have presented their arguments, the judge or jury will decide whether the defendant is responsible for your injuries and, if so, what award you can expect.
If a judge or jury rules in your favor, the attorney must file any liens (such as claims from someone who has a legal claim to your money award, such as a medical provider who hasn’t paid in full for care provided). After paying licenses, attorney fees and court costs, you will be sent a final check as payment. Acceptance of the award finally ensures that the case is closed.
Personal Injury Claim Checklists, Worksheets, And Guides
However, remember that even after a trial, either side can file an appeal and ask a higher court to reconsider, saying your trial was wrong.
How to win your personal injury claim, claim for personal injury, calculate your personal injury claim, win personal injury claim, no win no fee personal injury claim, usaa personal injury claim, how to claim personal injury, personal injury claim, personal injury insurance claim, how to win personal injury claim, geico personal injury claim, walmart personal injury claim