filing a personal injury claim
  • Jump Through the Hoops: Rules You Don’t Think About When Filing a Personal Injury Claim

  • Published By:
  • Category: Insurance
  • Published Date: February 22, 2020
  • Modified Date: May 11, 2020
  • Reading Time: 3 Minutes

Featured Image Caption: Filing a Personal Injury Claim

Getting hurt due to someone’s negligence or malice often leads to a lawsuit. However, before getting involved in the legal process, it is important to understand how it works and how to prepare to give you the best chance of success. As determined as you are to prove a personal injury claim, the responsible person will be just as eager to prove innocence and self-defense. Here are the things that need to keep in mind.

A Personal Injury Attorney

Although you may be tempted to handle a personal injury claim on your own, or with only your insurance agent, it is often a good idea to at least talk to a personal injury lawyer. A lawyer will be able to give you more detailed information on the legal aspects of filing a claim. They can also explain timelines, statutes, and laws that may apply to your case as well as advise you on how to prepare a claim.

There may be aspects to your situation that you have not considered, such as lost wages during hospitalization or treatment, medical costs, and cognitive therapy in some cases. Long-term considerations may also play a role. If you haven’t factored these costs into your initial claim, you could be losing out on a lot of money that you both need and deserve.

Your Claim will be Attacked

Even if your case seems airtight, the guilty party’s legal defense will try to dismantle your case, sometimes piece by piece. Other times, they’ll try to get the case thrown out on one simple or technical detail, such as missing a legal filing date.

Your case needs to be carefully developed based on clear supportive evidence that can withstand the other side’s legal assault. You also need to follow all mandated requirements and deadlines. Although it would be nice to think that everyone wants to be civil, and the guilty person will admit it and pay compensation right away, that does not usually happen. You must be prepared, because you fight for your rights.

Reinforce Your Facts with Evidence

Assemble your facts accurately, using a timeline related to the claim events. Include steps leading up to the problem and symptoms that followed to show evidence of damage that was done. Simply being injured will not lead to legal compensation.

Your attorney can work with you to collect relevant information that will support your case. Without proof of loss, your claim may not stand up in court. Document everything related to the injuries sustained along with treatment and related expenses. You have to show the extent and impact of actual damage that the guilty party should compensate you for. Evidence such as police reports, medical records, and missed work slips can help to strengthen your case.

A personal injury case can be complex and sometimes challenging, especially if you try to handle it on your own. When you’re filing a personal injury claim, think the whole process through and not just your end goal. Look at all current and potential ramifications from the accident as well as the requirements for filing. Then, organize all related information to prepare for court proceedings to have the best chance of success.

Anita Ginsburg

By Anita Ginsburg
who is a freelance writer and residing in Denver, CO. She studied at Colorado State University, and now writes articles about health, business, family and finance. A mother of two, she enjoys traveling with her family whenever she isn’t writing. When you file a personal injury claim, she recommends always consulting with a lawyer, like those at Oaks Law Firm.

Member since July, 2019
View all the articles of Anita Ginsburg.

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