A Step By Step Look At The Personal Injury Claim Process
Posted January 14th, 2022 by Anthony Carbone.
Categories: Personal Injury.
Accidents are a daily occurrence in Union City. They happen on our roads, at schools, at home, and even in our workplaces. Car accidents are the leading cause of accidental injuries and deaths across the United States. According to the National Safety Council, on average, damages caused by accidents affect three million people every year. Most accident-related injuries often lead to financial losses that go on even after the accident itself. The comprehensive costs of personal injuries range between $140,000 and $1 million, with loss of income and medical expenses taking part a considerable part of this amount. However, you can file for compensation if someone else causes your injuries due to their reckless or careless conduct. You can also get compensated for any non-economic damages like pain and suffering. However, you need to file a personal injury claim with the help of an experienced Union City Personal Injury Attorney to get the compensation you rightfully deserve. Here, we look at the process of filing a personal injury claim.
Initial Consultation
The process of filing a claim starts with meeting your attorney. Some attorneys will offer free consultations, while others charge a fee. During the consultation, you get to go over the details of your case, including the extent of your injuries and the nature of the accident. You also get to ask questions relevant to the case and scrutinize the attorney’s expertise. They can guide you on the steps you should take and describe the types of compensation you can benefit from.
File Court Documents
Your attorney will then serve a complaint and all the relevant documents. The party you are filing against is the defendant while you are listed as the plaintiff. The complaint should state the nature of the accident and injuries, the legal grounds for holding the defendant liable, and the kinds of damages you want compensation for. The defendant then files a response to the complaint.
Discovery
After both you and the defendant file and serve the needed documents, you enter the discovery, formal evidence exchanging process. Your attorney sends a list of interrogatories to the defendant and submits a request for documents if needed. Both parties may also take sworn statements or depositions. In addition, your attorney may consult with medical and accident reconstruction experts to understand your case and get reports. These experts may testify if the case goes to trial.
Settlement Negotiations
Both parties, through their attorneys, try to settle before the case goes to trial. The defendant agrees to cover the compensation while the plaintiff agrees to release the defendant from liability. During negotiation, the plaintiff demands payment, and the defendant replies with an offer. The parties may negotiate for some time and may even involve a mediator to help them reach an agreement. If they cannot reach an agreement, the case goes to trial.
In summary, a personal injury claim is meant to help you get compensation for any injuries sustained due to someone else’s negligence or carelessness. The claim process starts with an initial consultation with your attorney, followed by filing court documents. You can then move to the discovery stage and engage in settlement negotiations. If you cannot settle, your case will go to trial. Make sure you work with a personal injury lawyer for the best outcome.
