After talking with your insurance company and a lawyer, you might want to make a personal injury claim. Beginning this process can seem overwhelming. You might not know where to start or what steps to take. Here, I will talk about some steps to take before filing a claim. If you think that you have a personal injury case, here is how you can file a claim.
Before The Claim
Before you decide to file a personal injury case, you should determine that you have a strong case. There are many ways to do this. Here are a few steps to take.
- Determine who caused the accident. One of the foundational elements of a personal injury case is fault. If the other party caused the accident, you might have a case. If you were partially responsible for the accident, you still might have a case. If you caused the accident, you probably won’t have a strong case.
- Assess your injuries. Did you suffer an injury in the accident? If so, this is another key element in a personal injury case. You need to have your injuries validated by a doctor. Then, it is important that you can connect your injuries to the actions of the other driver. You have to do more than prove that you got injured. You also have to do more than prove that you got injured in the accident. You have to prove that the driver’s actions caused your injury. You can do this with the help of a personal injury lawyer.
- Gather evidence. Starting the process of getting evidence to prove your case should happen as soon as possible. This will make it easier down the road. Talk to a lawyer about gathering necessary documents to help with the case.
Making A Claim
A lawyer can help you decide if you have a legitimate personal injury case based on the facts of your situation. If you have a case, it is time to file a claim. You should send a demand letter to the other party to state your intentions. At this point, you can discuss a settlement option with the other party. If they don’t express interest in settling, you can file a claim.
The claim comes in the form of a complaint. The complaint explains your claims against the defendant in the case. It also discusses the damages that you are hoping to recover. Once you submit this complaint, your personal injury case is considered filed.
The defense might propose a settlement offer after you make the claim. You can discuss settlement with the defense if you want to. If you consider a settlement offer, make sure that your lawyer helps you with this. If you can’t reach a settlement, your case will go to trial.