While walking through the back room at work you end up tripping on a box and landing on your elbow. It may not seem like an unusual incident, but you might start noticing serious pain, and before long, a medical scan reveals you fractured something. It’s not preposterous to imagine a scenario similar to this occurring to you, because it happens every day.
Personal injuries occur to anyone and at random. You can be safe and do your due diligence to avoid injuries, but they can happen, and you might want to figure out how to get compensated if you end up getting hurt. This is where you would end up filing a claim, and the process of filing a claim can be simple if you use this easy 6-step guide.
Step 1: Creating a Case
The first step is to build your case. This means you’re going to start collecting evidence, providing information, and gathering the necessary resources to make it happen. A crucial piece of this step is to hire a personal injury attorney, and if you look at the legal information from The 702 Firm, you will be able to see what is so necessary about an attorney. They will be your guide for handling the claim filing process with your insurance company and with the liable party. You might not even need to hire one, but it’s good to at least talk to them on how to build your case to file a claim.
Step 2: Determining Your Insurance Policy in Regards to Personal Injuries
It’s also going to be crucial to determine if your insurance policy will allow you to file a claim for personal injury. This may be a personal insurance policy or personal injury policy through your workplace, but you’ll need to figure out if the liable party has insurance, assets, or anything that can help you collect compensation. Determining this will help you figure out the best course of action, and whether or not you’ll need to take further steps to secure the damages you feel you deserve following your injury.
Step 3: Filing Your Personal Injury Statement
The actual process of filing will require you to contact insurance of your own and theirs, assuming they have it. The filing process will most likely be handled by your lawyer as they can help walk you through the proper paperwork and documentation you’ll need. This will involve getting their insurance information as well to help coordinate the claim and having them investigate and use an adjuster to determine damages that you can qualify for.
Step 4: Filing a Lawsuit or Not
Assuming they don’t have insurance, you can decide on going through the process of filing a lawsuit. This can be a worthwhile option if you feel like the damages are enough to warrant going to court to get compensation. It may also be that they’ve declined your claim, which would mean you would want to file a lawsuit because they are denying the offer or denying the responsibility. You would need to outline your lawsuit with a written document about damages sustained, providing a statement in court, exchanging information with the other parties’ legal representation, and awaiting the judge’s decision.
Step 5: Seeking Medical Evaluation and Treatment
This is a step that can be taken earlier and should be, but getting a medical evaluation is a good way to provide evidence regarding the injuries you’ve sustained. If you broke a bone, this will help in making your claim or filing for a lawsuit as it provides concrete proof that your damages are serious enough to warrant compensation. You should always get treatment immediately following an injury or accident to be safe as well.
Step 6: Negotiating Your Settlement
If your claim is accepted by the liable party, they will take your offer and compensate you through insurance. This is the more likely outcome as many people want to avoid the hassle of going through the court and lawsuit process. If it does end up going to court, the judge and jury will eventually decide and the judge will award compensation that is weighed based on injuries. There is also a limit on how long you can wait to file a claim and receive settlement so it’s very important to know lest you are barred from filing that claim ever again and miss out on your settlement altogether. A personal injury can be an unusual time, but the end goal is to always make sure that you get compensation for damages you’ve sustained. Whether it’s filing a claim or eventually a lawsuit, this simple guide has provided you with some considerations to help if this ever occurs to you.