How to File a Personal Injury Claim
Posted June 14th, 2021 by Anthony Carbone.
Categories: Personal Injury.
There are numerous ways you could get injured as a result of someone else’s negligence. Whatever the case, the law allows you to receive compensation for all resulting damages. The process of filing a claim will differ depending on the type of injuries sustained and the party responsible for your injuries. However, one of the essential things to remember is that you need a legal expert for advice and representation. Here is a step by step guide on how to file a personal injury claim:
Obtain medical care
Your health should always be your first concern. Even if you do not feel seriously hurt, you always seek immediate medical attention for further checkups. Only proceed to the other steps if you are good to do so. The medical records obtained during this time will be helpful when filing your claim.
Establish whether an insurance policy covers the accident
One of the most common characteristics of personal injury cases is that they have insurance covering every incident. However, this is not always the case. There are rare cases of drivers who go out without insurance policies. Therefore, the first thing you do in any case is to determine if the party responsible has an insurance policy covering the incident. There are also cases where the defendant does not have insurance, and their assets are not enough to cover damages. If you were not severely hurt and your insurance can cover costs, you may reconsider if the defendant does not have a policy.
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Decide whether you will use a lawyer
Well, lawyers are always necessary unless the case is so simple that you can handle it independently, and the injuries are insignificant. Otherwise, in all other cases, work with a personal injury attorney. They will handle all your negotiations when insurance adjusters begin contacting you. Attorneys also serve an essential role in gathering more evidence, cross-examining witnesses, and drafting a demand letter.
File or not file a lawsuit
You and your attorney should make a collective decision. Some cases are handled outside court, while others proceed to trial. Because the attorney has years of experience dealing with similar cases, they will advise you after considering all the possible outcomes. Handling the case outside court is always the easier option. If they decide not to file a lawsuit, they will draft a demand letter to begin negotiations.
Proving fault
In all personal injury cases, the plaintiff has the burden of proof to show that the defendant was negligent. You must show that:
- The defendant owed you a duty of care
- They neglected their duty of care
- Your injuries had a direct relationship to their actions
Experts at the Law Offices of Anthony Carbone are dedicated to helping you protect your rights and achieve the proper settlement. With over 30 years of dealing with personal injury cases, you can rest assured that chances of success are high. To discuss your case today with our North Bergen Personal Injury Attorney and understand your options, call the offices at 201-829-3829 or book an appointment online.
