Whether you were in a car accident or slipped at the grocery store, when you are injured it can be a confusing time. This is especially true if you were hurt because of someone else’s negligent behavior. Although you can’t prepare for an unexpected event, having basic knowledge about how to proceed after an accident can be quite helpful. For your information, we are happy to provide these basic steps to follow if you ever find yourself filing a personal injury claim.
When you have been injured, filing a personal injury claim is not the first thing you think of.
- First and foremost, you want to seek medical treatment. Sometimes people think that because they don’t feel any pain immediately following an accident, they don’t need medical assistance. This might be due to the release of adrenalin in your system, which masks pain in the moment – but you could experience a lot of pain and suffering down the road. Seeing a doctor or chiropractor after your accident not only protects your health, but will help when filing a personal injury claim. The insurance company may deny a claim if you have no record of consulting a doctor or treating an ailment.
- As soon as you are sure that you are safe and have received medical treatment, you’ll want to call a Sarasota personal injury attorney. Filing a personal injury claim can be done without a lawyer if it is a simple and straightforward case – however, gaining reimbursement after an accident may be more complex. A personal injury attorney can help you to gather all required documents, speak with the insurance company and negotiate on your behalf, and be sure your claim is filed within the proper timeframes. (see Statutes of Limitations.)
- After you have retained an attorney, he or she will contact the other party and their insurance company that you plan to file a claim. This notice sets the ball rolling, and often motivates the insurance company to want to negotiate a fair deal which will cover all of your financial needs, both present and in the future.
- Once the other party is notified, you should continue with any necessary medical treatment, and keep copies of appointments, invoices, receipts, and medical records. Your long term prognosis will be invaluable when filing a personal injury claim. With the help of your attorney, you will also gather records regarding lost wages, property damage, and proof of any other financial repercussions you are experiencing.
- You may be able to avoid a lawsuit altogether, if your attorney can successfully obtain sufficient compensation from the person responsible for your injuries or their insurance company. An attorney is invaluable during this step. Most people have no idea what a “fair settlement” might be, and often settle for the first offer they are given. An attorney understands any legal precedents which may be relevant, and can approach the insurance company with valid data and information. The goal is to reach an agreeable number between the parties.
- If a settlement can not be reached, your attorney will help you to move onto filing a lawsuit. This legal action is often not necessary, but should you not be able to reach a deal – an attorney is invaluable. They have been with you throughout the entire process, are familiar with the case, and can orchestrate the lawsuit on your behalf.
If you aren’t sure if a personal injury claim is the right option for you, call the attorneys at Probinsky & Cole. We will help you to determine the best course of action for your situation.
