Filing a Personal Injury Claim: A Complete Guide

Share via

It is not uncommon for people to be injured or harmed by the negligence of others. Some injuries are minor, while some can cause serious harm, even death. If you have been injured due to someone else’s carelessness or wrongful act, you may be able to file a personal injury claim that will help cover your medical bills and other financial damages caused by the incident.

However, before filing any legal claims it is important to understand what exactly constitutes an injury and how best to go about pursuing compensation for those injuries through the civil justice system. This article will provide information on how you can file a personal injury claim in order to receive just compensation for injuries sustained as a result of another person’s negligence.

Seek Medical Treatment Immediately

One of the first things that you should do after sustaining an injury is to seek immediate medical attention. Your injuries should be evaluated by a medical professional in order to determine their extent, and how best to treat them. Once your injuries have been properly diagnosed, you can begin moving forward with filing your personal injury claim.

Prepare Documentation

In order to file a personal injury claim, you will need to provide documentation of your injuries. You can begin preparing this documentation prior to visiting the doctor by obtaining a list of all expenses related to the incident from the police department and/or any witnesses that may have been present during the time of the accident.

If witnesses were not present, you can obtain a copy of the police report to use as evidence when filing your personal injury claim. You should also attempt to obtain copies of any photographs that show the scene of the accident and your physical condition after it occurred.

Document all financial losses incurred as a result of the incident. This includes costs such as medical bills, lost wages, and any property damage. Save all receipts of expenses related to the incident.

Consider Legal Consultation

Personal injury claims can be quite complex. Therefore, you may want to consider contacting a local attorney who is able to provide personal legal counsel the way Tough Injury Lawyers do as you go forward with your claim. The initial consultation will not require any payment or commitment on your part, so it is a good idea to speak with an attorney and determine whether he or she is the best person to assist you with your personal injury claim.

If, after speaking with an attorney and determining that he or she is the right legal advisor for your case, you can seek his or her guidance as you prepare, file, and follow through on the details of your personal injury claim.

This will help ensure that all of the necessary documentation for your claim is properly prepared, filed, and processed so you are able to receive the compensation that you deserve for your injuries.

Establish Negligence

In order for you to successfully file a personal injury claim, the person or party you are filing against must be proven negligent in some way. However, proving that another person’s carelessness caused an accident and your injuries can sometimes be difficult.

This is where legal counsel can help by providing advice on how best to establish negligence and build a case against the individual or business that you believe is responsible for your injuries.

Serve Notice Of Claim

Once you have established that negligence caused your injuries, you must file a written notice of claim within the appropriate time limit. This is done by filing a summons and complaint with the court where your personal injury case will be heard.

The other party will receive notification of this complaint through service of process (i.e., giving the defendant official legal documents giving notice of a pending case). Once the complaint has been properly served, the defendant must file a written answer to your complaint. This can be done as soon as 20 days after being served with the summons and complaint.

File a Lawsuit

Litigation begins when a plaintiff files a lawsuit against the defendant (the person or business that they believe is responsible for their injuries). The initial filing of the lawsuit initiates what is called an “assigned claim.” When you file your lawsuit, you will also need to pay a filing fee with the court. This fee helps cover administrative costs and ensures that all parties are treated equally.

The defendant has a specific amount of time in which to file an answer to your complaint. If the defendant fails to file an answer, you may request that the court enter what is known as a “default judgment.” A default judgment can help speed up the process of receiving compensation for your injuries. If no answer is filed, the claimant (your) side will win by default.

A settlement offer may be made at any point during the process of litigation. If you are offered a settlement before going to trial, it is important to seek legal advice as to whether this is an appropriate option for you. A personal injury attorney can help advise based on your specific circumstances.

The process of filing a personal injury claim is complex and can be difficult to navigate without legal counsel. Make sure you pay attention to the following steps when pursuing your case.