If you have been wrongfully injured and want to seek personal injury damages, the process may seem intimidating. Hiring a personal injury lawyer, understanding your legal rights, and preparing a case for trial can be complicated for those with no legal background but is nonetheless necessary if you are seeking compensation for your injuries. Here is a simplified 7-Step Process for seeking personal injury damages.
- Get Treatment and a Medical Evaluation
The first thing you should do following a personal injury is to be medically evaluated by a doctor and receive appropriate treatment. You should then follow the course of treatment prescribed by your doctor and always attend your follow-up appointments. If you choose not to follow your doctor’s instructions, insurance companies may try to reduce your compensation or deem it invalid, claiming that your inactivity caused your condition to worsen.
2. Consult with an Attorney
Although you may feel like it isn’t necessary, the next step of the process of seeking personal injury damages is to consult with an attorney. Talking to a personal injury attorney can give you a better outlook on the legal options available for you to pursue. They will go over your claim and determine who is at fault for the injury and whether you are eligible for compensation. If they find your claim valid, they can then help you build a strong case by collecting sufficient evidence and finding witnesses who can prove to the other party that they are responsible for your injury.
3. File a Claim
Once you have met with an attorney, the next step you need to take is to file a claim with the insurance company. In order for your claim to be successful, you need to submit the evidence gathered by your attorney of the injury, especially proof that the other party should be held liable for it. You must also determine the amount you are requesting in your claim. Let’s say you reside in Georgia and need a consultation, then it’s best to seek counsel with a reliable firm. If you are confused about how much you deserve, your Douglasville personal injury lawyer can help you calculate how much money you will need in order to return to the state of health you were in before your injury occurred. You should take into consideration costs such as lost wages from days you were forced to be off work, medical expenses and bills, emotional distress and suffering, and also potential future medical bills.
4. Negotiate a Settlement
The insurance company will reply to your claim by either accepting the charges you have requested or, instead, offering you a counteroffer. Often, your insurance company may present you an amount that seems suitable but after you calculate everything and find out how much your losses amount to, it isn’t nearly enough. You have the legal right to reject these offers if they aren’t significant enough to nurse you back to full health. Your personal injury lawyer, who is typically a proficient negotiator, will handle reaching an agreement on your settlement with the insurance company.
5. Mediation and Arbitration
If your lawyer and the insurance company aren’t able to reach an agreement, the next step in the process is bringing in a neutral third party to help. Mediation involves both parties and a neutral one who helps facilitate the negotiation process. The decision reached is typically non-binding and can be appealed. On the other hand, arbitration is different because the third party has the authority to make a decision about who wins the negotiation, rather than just acting as a referee. The decision is binding and can’t be appealed later on in court.
6. Go to Trial
If both mediation and arbitration fail, the case will have to be taken to court. In legal court, your lawyer typically presents your side of the argument and the lawyer representing the party who injured you presents theirs. The judge or jury then decides whether the defendant is legally responsible for your injury or not and, if they are, the amount owed in compensation is also declared.
7. Collect your Settlement
If you win the case and a settlement is reached by the court, your lawyer will start the process to collect your compensation. However, sometimes the defendant doesn’t always agree to pay the amount that the judge or jury has requested of them. They may also, post-trial, request a motion to deem the judgment of the court invalid or decrease the cost of damages they owe you. This could result in a series of court hearings until another settlement is reached and accepted by both parties. Having a good lawyer to negotiate on your behalf can help you get the most out of your settlement.
The most important factor when filing for a personal injury claim and having it determined as valid is proving that it was another person’s fault. If you are able to prove this, you will more often than not be able to receive proper compensation for your illnesses and damages caused. Although cases differ due to how complicated they are, most generally follow the same legal steps as outlined in this article.