When an individual is involved in an accident, he/she may have a possible personal injury claim. Filing a personal injury claim is the procedure by which the injured party obtains compensation from the liable party or insurance provider for their injuries and damages. Personal injury cases are often settled without the need to file a complaint or go to court.
The victim’s chances of obtaining a reasonable settlement without any need for more significant court action will improve if they submit a well-recorded and supported personal injury claim. Fortunately, a North Bergen Personal Injury Attorney can prepare your case to ensure you obtain maximum compensation. Read on to find out how personal injury insurance claims works.
What is the Process of Filing Personal Insurance Claims?
Filing personal insurance claims involves the following:
- Submitting a Demand Letter
Sending a demand letter to the at-fault party’s insurance provider is the initial step toward a settlement. This letter should detail:
- The cause of the accident
- How the defendant is liable for damage
- The nature of your injuries and losses
- The pain and suffering endured due to these damages
Finally, your demand letter ought to state the amount of compensation you seek for your damages. As supporting evidence for your claim, you will need copies of your healthcare records, police reports (if any), and other relevant documents.
-
Claim Negotiations Process
Bear in mind that insurance adjusters are reluctant to pay you the full amount of your payout. It is critical to understand your facts and stick to your grounds to get the money you deserve for your losses.
The insurance adjuster will do everything possible to deny the responsibility and loss claims. They might do so by referring to specific sections of the medical history or the police report. Do not dispute angrily, but rather answer with well-informed facts that demonstrate why you warrant this reimbursement amount.
The negotiating process does not have to last a certain amount of time. Be patient, and do not settle for less! Both parties should reach a reasonable settlement after a few offers and counteroffers between you and the insurance adjuster. If you cannot reach an agreement, you can be forced to take your case to court.
-
Proceed To Court
If the negotiations with the insurance adjuster fail, you will have to go to court to get your reimbursement.
You can go to small claims court based on the number of damages you have sustained if its value does not exceed your state’s cap. In small claims court, you are not expected to have legal counsel, but you are free to do so if you wish.
If your case involves a more significant amount of compensation, you should proceed to a civil court. It is highly recommended that you employ a personal injury attorney as your legal counsel in this case, particularly because there is a lot at stake. A jury will determine the amount you are owed in civil court, and the insurance adjuster will be required to pay that amount.
Seeking compensation through personal injury insurance claims can be an extremely overwhelming process. Hiring an attorney improves the chances of a successful claim outcome and full compensation. To understand how personal injury insurance works or get a North Bergen Personal Injury Attorney to represent you in a case, call the Law Offices of Anthony Carbone at (201)-829-3829.