How the Personal Injury Claim Process Works
If you are involved in an automobile accident, you can make a claim against the person(s) responsible for causing your injury. This process begins with making a demand for payment. In most cases, this is done through the use of a letter sent to the insurance carrier. However, it is important to understand that there are many different types of claims, each with its own specific requirements. For example, some types of claims require that the claimant submit certain documents to support his/her claim while others do not.
A claim is brought against one of several parties responsible for causing your injury, including the owner or operator of the vehicle, the driver of another vehicle, and the owner or operator of the property that causes your injury. You must prove that the party liable for your damage is legally responsible for causing your injury and that the amount of money you seek is reasonable.
At first, a claim is filed through formal written demands but without filing a suit in court. If your claim is not settled out of court, your lawyer files a lawsuit. From then on, your case is called a pending case in court.How the Personal Injury Claim Process Works
The first step in the personal injury claim procedure is completing your medical treatment. This includes physical therapy, chiropractic care, acupuncture, massage therapy, and many other types of treatments. You must go to every appointment scheduled, even those that aren't related to your injury. Your doctor will determine whether or not you're able to return to work and perform your normal duties.
Once you've completed your treatment, your lawyer will send out a demand letter to the person responsible for causing your injuries and their insurance carrier. In some cases, the person who caused your injury will offer to settle your case without having to go to court. However, it's always best to consult with an experienced personal injury lawyer about what your options are.
If the person who caused your accident agrees to pay your demand, your lawyer will negotiate a settlement agreement with the insurance company. A settlement is usually reached within 30 days of filing suit. If there isn't enough money to cover your losses, your attorney will request a trial by jury. At trial, the judge will decide whether or not the defendant is liable for your damages.
In addition to monetary awards, you may also receive compensation for pain and suffering, lost wages, future earnings, and other costs associated with your injuries.Open Up a Claim
The first thing you will want to do after being involved in an auto accident is to open up a claim. This process involves filing a report with the police department where the accident occurred. You will also need to contact your car insurance provider and file a claim with them. These steps are necessary because it is important to know what happened and how much money you might be entitled to receive.
Your personal injury attorney will help you open these cases. They will work with your insurance company to determine whether there is coverage under your policy and whether you are eligible to make a claim against the driver who caused the accident. If you are able to recover damages, your attorney will negotiate a settlement with the insurance company.Complete Your Medical Treatment
While you are receiving and completing medical treatment following a car accident, your attorney will be concurrently working to preserve and protect your legal rights and conduct a personal injury claim investigation. This is because it is important to document what happened during the crash and collect evidence to prove liability. In addition, your lawyer will be gathering information about your injuries, including how severe they are and whether there are any long-term effects.
Your attorney will also be conducting a personal injury claim analysis to determine if you have a viable case against the responsible party(ies). This includes analyzing the facts surrounding the accident, determining fault, and assessing damages. If you believe that you have a valid claim, your attorney will prepare a demand letter outlining your demands and seek compensation for your losses.Submit Demand Package
Once you have completed your medical care, your attorney will prepare a detailed demand package that outlines the story that you would tell a jury if your case went to trial. This document is called a demand letter because it demands compensation for your injuries. Your attorney will send the demand letter to the insurance carrier(s).
The demand letter must contain specific information about your claim. For example, it must state how much money you are seeking for your pain and suffering, medical expenses, loss of income, etc. If possible, your demand letter should also include copies of your medical bills.
Your demand letter must be sent within six months of receiving notice of your injury. Failure to do so could cause your claim to be barred.Settlement of Claim
A strong demand package can lead to a resolution of your case via a favorable settlement, in which you, and the person responsible for injuring you or their insurance company agree to an amount of monetary compensation that you should receive on account of your claim; this can avoid the uncertainties of litigation and go to trial. You should never settle for less than what your case deserves and a good lawyer will ensure that you are receiving a fair recovery.Compromise of Liens
Liens are financial obligations placed upon you during the course of your personal injury lawsuit. They include medical bills, lost wages, property damage, etc. When your case settles, your lawyer will discuss a compromise of liens with any lien claimants, meaning that the lien claimant agrees to accept less than what he/she originally sought. This allows both parties to avoid unnecessary litigation costs.Statute of Limitations
The statute of limitations is a legal term used to describe how long you have to file a lawsuit against someone who injured you. In most states, there are different statutes of limitation for personal injury claims, property damage claims, medical malpractice claims, product liability claims, etc. If you do not file your lawsuit within the applicable statute of limitations, you could lose your ability to recover damages for your injuriesLawsuit in Court
If you are involved in a car accident, it is important to contact an experienced personal injury lawyer immediately. An experienced personal injury lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take over the case from the very beginning and make sure that you receive fair compensation for your injuries. A personal injury lawyer will help you recover medical expenses, lost wages, pain, suffering, and other losses due to the accident. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.