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If you’ve been injured in an accident caused by someone else’s negligence, you shouldn’t be stuck with financial hardships – in addition to your road to recovery.
Victims will need to follow the personal injury claim process to seek compensation from the at-fault party. This compensation should adequately cover medical bills, lost wages, property damage, pain & suffering, and any other problem caused by the accident.
Now, it’s important to understand victims will not be negotiating directly with the negligent party for personal injury settlements; they will likely be negotiating with the at-fault party’s insurance company.
These insurance companies have no intention of paying a fair settlement.
That’s why victims hire personal injury attorneys.
In this article, we’re going to explain the personal injury claim process in detail – and how you can improve your chances of winning a fair settlement. Let’s get going.
All personal injury cases are based on evidence and documentation. Anecdotal evidence does not cut it.
If you plan to file a personal injury claim, the first order of business is gathering the essential information and organizing it – as this will form the basis for the compensation you pursue. As a baseline, you’ll need to document the following:
For starters, you’ll need to make note of the date, time, and location of where the accident occurred. Do your best to write down exactly what happened and the contributing factors. If you can, try to take photos/videos of the scene.
This involves the name, phone numbers, addresses, and insurance information of all parties involved in the accident.
If anyone else saw the accident, you’ll need to get their contact information – as they will be questioned in the personal injury claims process.
For car accidents, you’ll need information about all vehicles involved – this includes the make, model, color, license plate number, and insurance information from the other driver.
If authorities were called to the scene, they will generate a police report – this will provide a third-party account, which is crucial evidence in personal injury claims.
Medical records are some of the most important pieces of information in the personal injury claim process. You’ll need to gather all documents, bills, invoices, estimates, and receipts related to any medical treatment following the accident. Additionally, you should make note of any symptoms you’ve experienced.
If the accident involved property damage – like a car accident – you will need to keep a record of all losses incurred.
If you’ve never dealt with the personal injury claim process, knowing what information to gather might not be crystal clear. When you consult with a personal injury lawyer, they will guide you on everything you need.
Seeking medical attention after an accident is paramount in the personal injury claim process.
For starters – if the authorities are called – get inspected by the medical staff. Now, some injuries take time to show symptoms. Even if you don’t feel anything immediately after the accident, you still need to get checked. The medical staff knows how to spot the early signs of injuries – and their assessment will play a role in the personal injury claim.
Second, it’s highly recommended to pay your doctor a visit in the days following the accident. Their assessment will provide an objective, credible take on the nature of your injuries, the extent, future treatment, and more. Additionally, this assessment is crucial in establishing a link between the accident and your injuries.
The medical assessment has a substantial impact on the validity of your personal injury claim and the compensation you receive.
If you don’t seek timely medical attention, the other party – or their insurance company – may argue that your injuries are not as severe as claimed or are unrelated to the accident, which could compromise your compensation amount.
Consulting with a personal injury attorney is a critical step.
Now, before we explain why, we want to clear something up.
Most consultations with personal injury lawyers are FREE.
The purpose of the initial consultation is to assess the details of your case and determine its validity in accordance with personal injury laws.
A reputable attorney will only take your case if they think they can win. If they decide you have a valid personal injury claim, they will guide you through the complex legal procedures, personal injury case timeline, paperwork, gathering evidence, and so on.
Most importantly, they will manage the process of negotiating with insurance companies. Without an attorney, insurance companies will offer a lowball settlement – and won’t likely be open to negotiating.
The bottom line: do not be afraid to speak with a personal injury attorney after an accident. Most understand you are in a very tough situation – and the best ones are compassionate in guiding you in the right direction.
In terms of personal injury compensation, your goal is to take a specified amount for all the damages you incurred from the accident.
Personal injury damages are generally categorized into three categories, economic damages (also referred to as “special damages”), non-economic damages (also referred to as “general damages), and punitive damages.
The personal injury claim process requires you (and your personal injury attorney) to quantify these damages to form the demand letter. The demand letter details the monetary amount you’re seeking as compensation for the accident.
Economic damages are easy to quantify – as they involve financial losses like medical bills, estimates for future medical treatment, lost wages, diminished earning capacity, property damage, etc. In other words, these damages have invoices and receipts attached – and are largely indisputable.
Non-economic damages are much less objective. These involve pain and suffering, reduced quality of life, lost companionship, and so on. As there is no paper trail of these damages, you and your attorney will need to calculate a dollar amount for these.
Punitive damages are intended to punish the at-fault party for recklessness. For instance, victims may seek punitive damages if the accident was due to the at-fault party driving drunk or behaving erratically. You must document every single detail related to the damages you’ll be seeking in the personal injury claim process. Comprehensive financial accounting is essential to receive fair and adequate compensation.
Once you have all your records in order, you and your attorney will file the personal injury claim.
To do this, you will notify the at-fault party’s insurance provider about the incident, which is typically done via a ‘Letter of Claim’. This outlines the circumstances of the accident, the extent of your injuries, and why you believe their client is at fault.
This initiates the personal injury claim process.
The insurer will then investigate the claim – which usually involves reviewing the information you provide, medical records, and potentially conducting a separate investigation.
From here, the insurance company will make an initial settlement offer.
The initial settlement offer is typically insufficient in covering the victim’s damages.
Keep in mind, these companies are obligated to maximize their bottom line, in any way necessary.
This is why it’s so important to have an experienced personal injury attorney to negotiate the injury settlement amount. In these negotiations, your attorney will engage in discussions with the at-fault party’s insurance company to fight for fair compensation. The process may involve multiple rounds of offers and counteroffers. If a fair settlement cannot be reached, your attorney may advise taking the personal injury claim to court.
Now, before we discuss this part of the personal injury claim process, it should be noted that the vast majority of cases never go to court – only about 4 percent.
If you end up filing a personal injury lawsuit, you will need to adhere to all legal procedures – which includes promptly reporting and filing necessary paperwork within deadlines. This works to legitimize your claim and preserve crucial evidence in a personal injury trial.
Proper procedural compliance is typically a prerequisite to even having your case heard. Failure to do so may even result in your claim being dismissed or your compensation being reduced. When you work with a personal injury attorney, they will manage every step of the litigation process for you – so you can focus on recovery.
The most important step in the personal injury claim process is speaking with a skilled attorney. Chances are, you’ve never dealt with the legal process of recovering damages. Trying to navigate without a professional almost always ends in accident victims getting shortchanged.
At Mahony Law, we offer free consultations to victims of personal injuries in Wisconsin. This meeting is to understand your situation and how it factors into the law – and what the best course of action is.
Additionally, we work on a contingency fee agreement. This means we make our fees in the form of a percentage of the total personal injury settlement AFTER we win the case. You pay nothing upfront out-of-pocket to hire us. Give us a call at 262-331-3553, send an email to info@mahonylaw.com, or fill out an online form to get started with a free consultation.
Abby is the founder of Mahony Law and devotes her time to representing people who have been seriously hurt due to the negligence of others. Abby has handled injury cases of all types, including birth injury, wrongful death, automobile accidents, motorcycle accidents, pedestrian accidents, and truck accidents.
