The 4 Basic Steps Of Personal Injury Claim Process

Going through the personal injury claim process is very much like adding insult to your injuries. You have suffered injuries because of someone else’s negligence or fault and now you are asked to go through a complex legal procedure to file your claim for compensation. Considering the complexities of the legal language in general, it is often not possible to win the compensation you deserve without the assistance from an experience lawyer, specialized in this field of law. The process requires stubborn persistence from you and requires you to go through a lengthy battle of paperwork.

Claim Submission

Obviously, the first step of personal injury claim process is to submit a compensation claim with the insurance company or companies. Depending upon your specific situation, you may have to file a claim with your insurance company as well as with the insurance company the personal at fault (that caused the injuries to you) gets coverage from. For example, if it is a car accident, you will have to submit your claim not just with the insurance company of the other driver but also with your own auto insurance company. Even though you are not sure whether both companies are liable to pay compensation to you, you are advised to file your compensation with both.

Provide Proofs

As part of the personal injury claim process, after your claim is submitted, the insurance companies appoint insurance claim adjusters to verify your claim. They will talk to you about it and will ask you to provide proofs in support of your claim. If you fail to provide sufficient proofs regarding the negligence of the alleged person at fault, the severity of the injuries caused, and the resulting medical expenses and wage loss, your claim may be denied straightaway. Alternatively, the adjusters may try (which they often do) to offer you minimal amount of compensation. If you are not satisfied with the rejection or with the amount of money that is being offered to you, the next step is negotiation.

Negotiations

Before you go ahead and file a lawsuit against the insurance companies and the person at fault for your injuries, your lawyer will try to negotiate things with the insurance companies as part of the personal injury claim process. When you file a lawsuit straightaway, even the court would first require you to try outside court settlement. It is only if no mutual resolution is reached through talk and negotiations when the court hears the case and gives its judgment, which is again a lengthy process, usually takes several months or even years. Your lawyer therefore is very much likely to negotiate things before filing a lawsuit.

When nothing works out, the last step of the personal injury claim process is to file a lawsuit with the court. Interestingly, in most cases, the burden of proof will be on the person accused for the injuries; it will be the responsibility of the defendant to prove that the accident was not their fault.