How to File a Personal Injury Claim

June 4, 2022 – Adam Mann

You have just been injured in an accident (slip or fall, car) and want to file a personal injury claim. Before you file the claim consider that not all the cases will be the same. You must take into consideration the severity of your injuries, who’s fault the accident was, and if the incident is covered by your insurance policy. 

But once you’ve decided you are ready to file a personal injury claim, there a few steps you must follow. Here are just a few of those steps: 

  1. Get Medical Attention If Needed
    1. It is important to get the proper medical attention needed before filing. Your medical records and any notes taken by medical professionals regarding your injuries will help your lawyers negotiate your compensation. 
  2. Figure out if there is an insurance policy to cover the accident
    1. Determine if whoever was responsible for the accident has an insurance policy that will cover the accident. This will help determine if you are able to collect damages after the personal injury trial, if one is needed, finishes. 
  3. Decide Whether You Hire a Personal Injury Attorney or Not
    1. It is not a requirement to hire a personal injury attorney when going to file a claim, but it is a good idea to speak to one about your case. Confiding in an attorney would be helpful as they can explain the essential issues in the case and help you understand your legal options. 
    2. If you do end up hiring a personal injury attorney, you will not have to pay them unless there is a settlement or if the court judges in the favor of the client
  4. Set Up the Claim
    1. Notify the person responsible for your injuries and their insurance company that you will be filing a claim
  5. Gather Information on your Injuries
    1. Find out any information you can regarding your injuries
    2. Medical records, medical bills, any conversations with your doctor regarding the injuries, collect information on how much damage was caused and anything else you can collect to help your case
  6. Settlement
    1. According to the Law Dictionary, only four to five percent of the personal injury cases make it to trial. 
    2. Settlement amounts typically range between $13,000 and $50,000 
  7. Decide Whether You File a Lawsuit 
    1. If you notice that your insurance claim is taking too long or the negotiations of your settlement are not going as planned you can begin to file a personal injury lawsuit with your attorney. You have a certain amount of time to file your lawsuit from when you injured yourself.

If you were recently injured in an accident, call Cohen and Cohen Law for a free consultation. One of expert personal injury attorneys may be able to help. 

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