What Your First Steps should be when Filing a Personal Injury Claim

What Your First Steps should be when Filing a Personal Injury Claim
What Your First Steps should be when Filing a Personal Injury Claim
December 27, 2016

There are many ways injury can come- slip and fall, road accident, dog bites and so on. You can hardly predict when an accident would occur, no matter how careful you are. You can be a victim of an accident while trying to be proactive but what you do next is very important. The wrong step could make you lose your claim at getting compensation.

A claim is possible when someone has inflicted harm on you

When you have tried as much as you can to be cautious and someone still comes to inflict harm on you, you can file a claim seeking compensation for your injury – like when a reckless driver over speed and ram into you while walking on the pedestrian lane. However, a claim cannot be filed on a self-inflicted injury like when you fall from a ladder while repainting your home – although you can file a claim for an injury when you are working on someone else’s property.

Read also: The Possibility of Suing When You are Injured Riding on the Back of a Pickup

The defendant should take responsibility for their action

It does not matter if the defendant was aware of their actions or not, or whether they did it out of recklessness, they need to take responsibility for the medical bills and wages of the injured. For some reason, what should be a simple settlement is never so as many of the defendants would fail to take responsibility.

You can file a lawsuit with your insurance company

When a lawsuit is filed by a complainant, they are mostly directed towards the insurance company of the defendant. If you are in New York when the accident happened, it is most advisable to file a claim using the services of a New York personal injury attorney – although it is possible to allow an attorney from another state to represent you in New York.

Read also: Car Accident Cases: Four Ways to Establish Breach of Care

The first step is to put together the evidence

Events don’t just happen, there are always reasons surrounding the occurrence of an accident. Make sure you collect the evidence as this will help you to win the case in the court. Evidence can be in the form of taking photographs of the accident scene or objects in the environment that would help to prove your case. Other forms of evidence can be the medical bills, documents that will show you visited the hospital or letter of exemption from your employer showing you have been off work because of the said accident.

Take note of the witnesses at the accident scene

It is always almost impossible for an accident to occur without one or two persons being around to witness it. If you are lucky enough to survive an accident, always make sure that you take down the phone numbers of one or two persons that witnessed the accident. Once in a while, contact them to hear their sides of the story to see if they are in unison and verify if they will be willing to testify for you in the court.

Read also: Bicycle Accident Claim: Who can be Held Responsible?

Approach the defendant and try to reason with them before filing a lawsuit

If you have made up your mind to file a lawsuit after an accident, it is important to first of all approach the defendant and let them know your intention. In a few cases, the defendants would request to have the case settled out of court which would be beneficial to all the parties.

Get a lawyer involved when you are a victim of accident

No one prays to be involved in an accident but peradventure it happens, you need to contract a personal injury lawyer as soon as possible before the statute of limitation prevents you from getting your claim.

Read also: Risks Associated with Hands-Free Chatting while Driving

Article highlights

  • Injuries can come in different forms.
  • Becoming injured is not dependent on how careful you are.
  • You can file a claim if someone is the cause of the injury.
  • Claims cannot be filed for self-inflicted injuries.
  • Injuries lead to economic losses.
  • The defendant is expected to take responsibility for the losses.
  • Compensation will help the victim cope with the challenges arising from the injury.
  • Insurance companies are usually the target of lawsuits.
  • Getting ample evidence from the accident scene can help you get the desired compensation.
  • Photographs of the accident scene can serve as evidence.

Related posts:

  1. Payment of Claim Necessitates the Involvement of Personal Injury Attorney
  2. Advice to Those Seeking to Make Cycling Injury Claims
  3. Steps to Take for a Civil Litigation Using the Services of a Personal Injury Lawyer
  4. How to Settle your Personal Injury Claim without a Lawyer

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