When you or someone is harmed in an accident in view of other person carelessness, then you can ask an insurance company for personal injury claim. The compensation amount you receive by this process will help you to cover the costs of medical bills, lost work time, wages, and other expenses associated with your accident.
The personal injury claim process can be a little confusing, this procedure includes finding and procuring a lawyer, understanding the fundamental laws representing individual damage, recording a protestation, gathering proof, endeavouring to settlement, and afterwards if necessary, filing a lawsuit. Generally, these means will be followed all together.
Let’s know in brief about the procedure of Personal Injury Claim!
Collect all the Evidence First
After being into an accident first thing you have to seek medical treatment if you or any other person is injured, to move forward for any process you have to make sure that you are healthy, it is also necessary so that all the medical expenses happened can be included into your claim.
When you are medically fit then you need to collect all the accident related evidence, only on behalf of which you can ask for personal injury claim. This evidence plays a major role to get compensation; your lawyer will need these evidences as part of personal injury claim process.
Such evidences that you need to collect are:
- Copy of official file report.
- Other party information, their name, address, telephone number, car insurance policy no.
- Statement if witness and their information: witness name, address telephone no. or any video if they made.
- Pictures of accident including all the vehicles including the injuries pictures and all the damages.
- All medical record including bills, doctor fee, medical expenses etc.
- Bills of repairing damaged cars and other equipment.
File a personal injury claim with the insurance company
After collecting all the evidences you should notify faulty party insurance company about the accident damages and injuries you have faced and file for personal injury claim to Insurance Company. In most of insurance companies you can file case for claim by filling an online form or by making a call & informing them.
You must file for personal injury claim as soon as possible after accident. As per the personal injury claim process work you will receive a letter of “reservation of rights” from the insurance company in response to the filing a personal injury claim with the faulty party. This letter indicates that the insurance company plans to investigate your claim and want to discuss with you.
You need to fully understand the implications of the reservation of rights letter and if you have any query about letter or anything you will need a qualified personal injury claim lawyer who will help you in handling your case and receiving legal amount of compensation.
Hiring and Retaining an Attorney
The next step after filling case for personal injury claim to insurance company is to hire a personal injury attorney. The personal injury lawyer is a good adviser and has practical experience in dealing with insurer of insurance company to get personal injury compensation. Hiring a lawyer will be profited to you; he will lead your case legitimately and furthermore research about the accident quickly. Personal injury claim attorney knows what legal and necessary steps should take for preserving and protecting your legal rights and conduct a personal injury claim investigation to gather evidence in support of your claim and to build a strong case.
Attempt to Negotiation
After receiving letter of reservation of rights from the insurance company you have to send a demand letter to them which includes the basic fact of what happened in the accident and how badly you have hurt and suffered the damages. It should contain all the details of damages, including your medical bills, out-of-pocket expenses, and lost income.
Figure out all the damages, pain and sufferings and calculate the total amount of all and that will be your total amount for settlement demand. After sending the demand letter you will receive a response from the insurance provider. Then insurance provider may call you or come at your place for meeting to discuss his initial details and will speak to you and your attorney for settlement negotiation. At this point the real negation begins.
The case agent will attempt to persuade you that your claim is worth considerably less than your aggregate settlement request. He may endeavour to state that your damages and harms are awfully high for the sort of accident you were associated with. He will try to pressure you for accepting low offer immediately by asserting it as a one-time offer. If you are fine with it then you can accept else you can told him that your demand settlement exceed his authority which refers to the maximum amount, then the claim adviser or agent will allow your claim to settle for.
Never accept the low settlement that does not fairly account for your injuries and other losses. The insurance agents test you to accept the low initial offer so that his company do not get in loss. He will check you whether you know the Personal injury claim process or not and how far you will go for secure compensation for your injuries.
Reject the Initial Offer and make a Count Offer
If the insurance agent does not make a fair initial offer then you should reject and make count offer. This process can be preceded by writing a letter to the insurer that you do not accept his offer by mentioning the appropriate reason to it that how badly you were injured, and remind that your medical treatment was absolutely necessary. Mention in it that you are willing to compromise, moving the settlement negotiations ahead.
Negotiation process continues between you and insurer when you reject the initial offer and make a count offer. Insurer may not respond to your count offer right away but you should have patience and wait until the insurer present another offer to you. Hopefully you and the insurer will arrive to a final settlement figure that fairly reflects the severity of your injuries.
You can Accept or Reject the Final Statement
If you lawyer and the insurers have not reached to a settlement amount in your discussion, the cases agent may make a last settlement offer. Now, you should choose whether the settlement offer is satisfactory. In the event that you trust that the insurer last settlement offer is satisfactory, there are some formalities that you need to complete which the insurer will guide you to receive your personal injury compensation amount.
On chance, the insurer last settlement offer does not completely represent your injuries and other losses, you may need to think or file a personal injury lawsuit in court.
Filing a Lawsuit
Not reaching to any final settlement your personal injury claim attorney will file a lawsuit in court and request that the matter to be set for trial before a jury. Your lawyer will explain what to be expect during trial. At trial, both the parties have to appear in the court and present their claims to jury then jury of your peers will listen to your story and the evidence presented, the jury will reach a verdict. After that the judge will read this verdict to both the involved parties, who both have the option to appeal the judgment entered in the case.