Anyone can be a victim of a mishap, and anyone could be behind that mishap negligently or not.

However, it doesn’t negate the fact that one has to take responsibility for one’s actions in a personal injury lawsuit because, negligence or not, someone suffered for those actions.

Now, when you suffer an injury through no fault of your own, and you are unable to attend the office for many weeks and months afterward, it’s detrimental to your career and to your family.

So, you deserve financial restitution, and that’s where a personal injury claim comes to the rescue.

If you want to file such a claim and don’t have any idea on how to proceed, you may contact the professionals at Salvi, Schostok & Pritchard. They will be more than happy to help you.

Contents

What Is A Personal Injury Claim?

When a person is injured in an accident without any fault of his own, he is liable to file a personal injury claim. So, it is the procedure through which the injured party asks for compensation for damages and injuries from the defendant party.

Many times people resolve personal injury claims without taking them to court. If your personal injury claim is well-documented and well-evidenced, it will increase the other party’s chance to reach a fair settlement without suing anyone legally.

All you need is the right attorney who will collect hard evidence for your case and will investigate it. Only after the attorney does its job can you claim the full compensation for the damage that has been done to you.

How To Initiate A Personal Injury Claim?

How To Initiate A Personal Injury Claim

»Firstly, you have to notify the responsible party and the insurance company of the damage and of your legal representation. You can send legal notice to report the accident and state your claim, and inform those people involved in the matter.

You will state that you’re represented by an attorney, and all further communication regarding the case will be directed to your attorney, not you.

»Secondly, you have to collect evidence to support your claim. You may proceed to submit photographs that recorded the incident or look for CCTV footage that would prove your accusations.

You can also interview people to see if any of them will become your eyewitness in court or show items that were destroyed due to the accident.

»Thirdly, you will collect your billing statements and medical records, and your office will submit a request for copies of your medical and billing statements to the court.

It will also include a letter from the insurance company claiming that they need compensation. When you are not responsible for your damages, acquiring these documents becomes easier.

»Finally, you will get payroll information from your employer stating how many days you couldn’t attend office and how it affected your financial condition.

In case you are self-employed, you can show financial documents showing your business loss due to the accident. It will help you decide the compensation amount before things escalate to the court.

Personal Injury—Formal Lawsuit Vs. Informal Settlement

A personal injury lawsuit is not the same as a criminal case where the government takes action against an individual when they suspect him of being involved in any crime.

Here, the plaintiff files a civil complaint against another person, business, or government agency when their actions have caused him some damage.

The defendant might not be willingly responsible for the damage done, but if the ‘proof of negligence’ shows that their negligence was the cause of the plaintiff’s injury, the plaintiff is liable to file a formal personal injury lawsuit.

Whereas the formal lawsuit is filed for the purpose of asking for compensation, the same can be achieved with an informal settlement as well.

In fact, most personal injury cases are resolved through personal settlements where the plaintiff and the defendant are present with their attorneys, and the insurer is there to oversee the transaction.

A settlement takes the form of a negotiation where both parties sign a written agreement and forgo any further action.

Since they chose to resolve the matter within themselves without involving the law and took monetary compensation, they are not allowed to take any action against them in the future.

What Is The Statute Of Limitation To File The Claim?

In a personal injury lawsuit, a plaintiff has a definite timeline to file for the claim, which is 2 years. It usually begins from the moment the person witnesses the injury.

However, the symptoms of the injury may not always be apparent and may begin to erupt after a certain timeline. In that case, the 2 years time frame begins from when the plaintiff discovers the incident.

Many states have taken steps to summarize the statute of limitations in written forms, but the timeline tends to fluctuate because a person may not witness any injury symptoms for years after.

Since the time frame varies from one state to another and depends on the type of the injury, it cannot be codified in a written format yet. People may launch a personal injury claim after 5 years also if the symptoms become apparent then.

Even though many states have taken steps to make the timeline definite, they couldn’t because the court decision will be the ultimate rule in accepting or rejecting the claim.

If the court rules in your favor, even if you file the claim after the timeline is over, you qualify to get the compensation.

Final Verdict

You cannot attempt to solve any personal injury claim unless your insurance company validates your demands. It means unless you submit your compensation demands to the insurance company, you cannot proceed with the lawsuit.

You need proper documentation that will substantiate your claim and demand you to pay the compensation, and your insurance company will work on your behalf there.

If you need further information to know the bits and pieces of a personal injury claim in a more detailed manner, you can let us know in the comment section below. We will get back to you with a reply in no time.

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Arnab
Arnab Das is a passionate blogger who loves to write on different niches like technologies, dating, finance, fashion, travel, and much more.

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    1 Comment

    1. Your article helped me a lot, is there any more related content? Thanks!

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