As practising personal injury attorneys, you will understand just how difficult filing a personal injury claim can be. Good people just like you stumble along the way and become overwhelmed by the process.
That’s why here is a checklist of essential things to know about how to claim injury law. Keep these points in mind to avoid surprises as you start the claims process.
You Must Build Your Case Carefully
If you’re making a personal injury claim without the help of a professional personal injury attorney and recent legal news, you will be responsible for building your entire case. Things will likely proceed at a snail’s pace simply because you’re inexperienced with the legal system.
You’ll need to:
- Preserve evidence and Collect the necessary evidence
- Fill out the essential documentation (police reports, medical documentation)
- Contact all the parties involved, including doctors, lawyers, insurance adjusters, police officers, and eyewitnesses
- Create your demand letter using your evidence
- Submit your documentation to the insurance company
- Negotiate for a fair settlement
- If necessary, take your case to court
You must do the difficult work to prove that:
- You were seriously injured in an accident
- Those injuries have dramatically affected your life
- The accident was caused – at least in part – by the party from which you’re trying to get compensation
Don’t Forget Future Damages
When you’re crafting a demand letter (and gathering evidence to support a personal injury lawsuit) never forget you can be compensated for future damages too. The financial impact of an injurious accident can be devastating right now. But calculating how much those injuries will impact future income is an essential part of the recovery process. Those future damages are often much larger than the immediate damages you suffered during the crash.
These future damages can include:
- Decreased income due to decreased ability to work
- Ongoing medical expenses
- The cost of physical or emotional therapy, and more
Don’t Be Too Eager
Most people just want the financial recovery process to be over and done with, and insurance companies know that. They’ll throw lowball settlement offers out to get injured, stressed-out individuals to accept much less than they deserve.
That’s why you must understand how much your injuries may be worth through the injury law blog. That information should be the basis of your demand letter and impact the fair but adequate settlement figure you calculate.
It’s your right and your obligation to negotiate with the insurance company to get a settlement that will cover all the expenses you’ve suffered, plus your future damages. When the insurance company pushes, you have to push back. It’s an adjuster’s job to save the company as much money as possible and it’s your role to get the compensation you deserve. It will take boldness and patience to negotiate carefully and come out with a good result.
Know (And Be Prepared To Explain) Why The First Offer Is Inadequate
This is where homework comes into play. If you’ve researched making a personal injury claim by yourself, you should understand what your injuries are worth. You should be able to judge whether or not the insurance company is trying to shortchange you.
Of course, knowing that and getting what you’re entitled to are two different things. You’ll need to describe to the insurance company why their offer isn’t enough, using evidence and detailed explanations.
If they see that you’ve truly prepared an iron-clad demand letter and have the evidence you need to back up your claims, the negotiation process will go much more smoothly. They’ll see that it’s wise to give you a high-value offer.
When you’re making a personal injury claim, learn everything you can about the process and try to stay calm and patient as you pursue your claim. Legal information will serve you well throughout the entire ordeal.
It will be difficult to make your case alone, but with a lot of hard work, you can craft a solid case that will impress insurance companies and show them that you’re not a pushover. Of course, this process will be so much easier if you enlist the help of an experienced personal injury lawyer who understands exactly how these claims work and how to get good results.
