Car accidents are devastating and unpredictable. You find yourself amidst an accident where you did not fault at all. US law ensures you can file a civil lawsuit against the responsible party and claim your due compensation.
Here are the steps you should follow to file a personal injury claim following an
1. Capture Footage
If you are not rendered incapable by the injury, try capturing footage or images of the incident and collecting witnesses’ contact information.
Your immediate response at the accident site could be critical in developing a case in your favor.
It could help with the police investigation and your claim immensely.
2. Consult A Doctor
The first step is entirely circumstantial. Your health and wellness following the accident should be of paramount importance.
Consult a doctor and clarify your symptoms. A medical evaluation asserts the degree of injury.
Courts consider the examination in predicting the compensation amount.
3. Notify Your Insurance Provider
Notify your insurance provider of the accident. They investigate and decide on a suitable action to cover your case.
Usually, they would cover the expenses incurred or provide you with legal representation.
They also charge the at-fault driver and ensure you receive due compensation.
4. Time To Hire Lawyer
If the insurance company does not come through or refuse liability, you should hire your lawyer and try to settle the matter.
5. Collect Your Injury Records
Visit the doctors regularly and track your rehabilitation. The treatment record forms a part of the evidence, which could be useful for the claim. Once you are stable, initiate a settlement demand.
Negotiate the settlement and file a lawsuit if the responsible party does not comply.
Taking the case to court also pressurizes your insurance company to keep amounts high and make offers to the guilty.
7. The Discovery Period
Once the filing is complete, the discovery period begins. Both parties engage in extensive discussion and reveal evidence.
Depositions are underway, and you can record witness statements.
Request any relevant documents from the defendant and conduct your interrogations alongside your attorney.
Before the trial begins, courts mandate the need the mediation. It is a session where the involved parties try to resolve the situation outside the court.
Trials are a prolonged process and expensive, with multiple hearing dates. Hence, mediation could help save time and money and settle matters amicably.
9. The Trial
If mediation is unsuccessful, the trial takes place where both parties present their arguments.
The judge passes the final verdict regarding how much responsibility each party bears and how to settle the compensation amount.
Ensure you file the claims within a lawful period following the accident date.
Get in touch with Legal Experts.
Clarify all your queries regarding personal claims and accident lawsuits from an expert by filling out the form on our website.