HOW TO FILE A PERSONAL INJURY CLAIM - Personal Injury Legal Blogs Posted by Scott Bocchio - Lawyers.com

HOW TO FILE A PERSONAL INJURY CLAIM

A personal injury claim occurs when you are injured in an accident as a result of someone else’s fault or negligence. Personal injury claim also refers to the sum of money the injured party receives as a result of this negligence. This money is meant to cover repairs, medical bills and treatment costs, etc. that have come about as a result of the accident.

Personal injury case is a legal dispute or lawsuit where an individual plaintiff files a complaint against another individual or entity, including an organization or company. This complaint records the accident while seeking to find the other party legally responsible for the accident that caused injury or damage.

Settlement and Compensation

Unlike a criminal case, a personal injury claim need not always result in court visits. At times, settlements may be reached outside the court at a personal level. An informal settlement or agreement is when both parties involved in an accident or mishap come together along with insurance representatives and professional lawyers, if any, for a discussion or negotiation regarding the sum of money that will be paid as compensation for the injury. There may also be a watertight, written agreement drafted to say that both parties agree not to pursue a legal case.

Filing A Claim

Ideally, an informal dispute may settle the case and going to court may be taken as a last-ditch effort. If it indeed comes to a court lawsuit, there is a time limit of three years from the date of the accident or mishap within which to file the case. This is also referred to as the Statute of Limitations. No claim may be filed once this limit is lapsed.

Here are the ways in which it can be filed:

  1. Understanding Whether To File Or Not

Assessing injuries and their seriousness is the first step towards deciding whether to file for a personal injury claim or not. Injuries may be serious or disabling and need a significant amount of compensation to cover medical costs, etc.

  1. Determining Whether You Need Professional Help

When you choose to file for personal injury, you may discover that your aim of receiving a settlement for your trauma and injuries is just not moving ahead. Consider reaching out for professional help at such times.

Professional lawyers typically know insurance agents in most cases and can help you determine the compensation amount as well as be able to negotiate better. If you feel either of these things feels difficult, it is better to reach out to a professional lawyer.

  1. Making Your Case

Actions such as collecting evidence, making a note of dates and sequence of events, require every little detail to be recorded to build a strong case and one that can be negotiated to result in a compensation amount that will cover the damages caused by the mishap.

Further, a professional lawyer will also carry out other critical tasks like informing the other party of the decision to file.

  1. Choosing Where To File Personal Injury

Are you aware of the court under whose jurisdiction your accident falls? Your case may fall under a particular geographic location where it will be accepted. Do you have a state civil court in the area where you live? What about the local court? All these and other similar questions can be answered by a professional personal injury lawyer.

Filing in Massachusetts? Read on to learn more.

Reach Out To A Lawyer

Personal injury settlements are not always easy to come by. However, with some professional guidance, you can get all the help you require. Before you rush in with the filing all by yourself, see if you can answer the following questions accurately:

  • Can you realistically gauge the seriousness of your injuries or damage faced?
  • Can you assess the amount of compensation needed?
  • Are you confident in negotiating to your advantage?
  • Are you prepared with a plan of action in case your negotiation fails?
  • An experienced lawyer can help you with each of these, and even the legal process, to ensure an effective outcome in your favor.

    About Us:

    Legal Rights Advocates, PLLC is a law firm that helps clients who are facing issues related to personal injury settlements, including the need to file a lawsuit. Our team of attorneys, over the years, has helped countless clients understand their case better, guided them on the application process, and helped them win largely successful outcomes.

    If you are interested in learning more about how a personal injury settlement works, call us at (888) 656-7675 for immediate assistance.

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    Scott Bocchio

    Licensed since 2007

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