If you believe you have a personal injury claim, you are probably wondering what the process is like to actually file and receive compensation for the claim. Although the actual timeframe of each case varies, you can be sure that you will go through eight steps.
Here is a quick timeline—and explanation of each point—in the process of filing personal injury claims:
1. Obtaining Medical Treatment
The very first step in any personal injury case is getting medical treatment. If you are hurt and are suffering in pain, get to a hospital or see a doctor immediately. Even if you do not feel pain immediately following an accident, you should still visit a doctor anyway. It is possible you have injuries that are lying in wait—and they may not show for a few days or weeks.
2. Hiring a Lawyer
After you have visited the doctor and have obtained proof of your injuries, the next thing you should do is acquire a lawyer. Even if your injuries are small, you should at least consult with a lawyer—especially if you require monetary compensation for loss of work or medical bills.
3. Investigating the Claim
Once you have hired a lawyer, the true process begins. Your lawyer will start by investigating the case and looking at medical records. Be upfront with your lawyer and tell your lawyer everything about the case. You should also bring along supporting documents such as photos, witness statements, and medical-related paperwork.
Be patient and realize that this process may take some time, especially if the injuries you suffered were severe.
4. Demands and Negotiations
If the lawyer believes you have a case that can be settled out of court, he or she will begin making demands and negotiating with the other party's lawyers and insurance company. If it turns out that you can obtain a decent settlement amount, you will receive compensation and the claim will be closed.
5. The Claim is Filed
If the lawyer cannot negotiate a good deal, he or she will file a lawsuit and the case will continue on to court. If you wind up needing to go to court, it is possible the case will drag on for several months—or even a few years. So be patient and stay in contact with your lawyer about the on-goings of your case.
6. Discovery
This process involves more investigating—on both parties sides. You will be required to hand over copies of your documents, as well as answer a long list of questions.
7. Mediation
Lawyers on both sides of the personal injury will talk and try to agree on a settlement amount. If the lawyers still cannot agree, a third party may be brought in for mediation.
8. Going to Trial
If mediation and negotiation tactics do not work, your claim will eventually go to trial. The actual trial may last a few hours, days, or even weeks.
As you can see, a personal injury claim has several important pieces—and the process can take up to a few months, or even longer. If you believe you have been injured, make sure you follow the first two steps (seeing a doctor and hiring an accident attorney) as soon as possible, as this will help speed up the process.
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