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How to File a Personal Injury Claim

>> Jul 5, 2016



Most people who have been a victim of personal injury have a few things in common. Most significantly, they have a mounting pile of medical bills that they can’t afford to pay. This fact is true for those who have even minor injuries, although those who have received debilitating injuries face an even greater financial burden. Even those with the best of health insurance may have trouble meeting the deductibles and co-pays their insurance requires for all types of appointments. They have to pay out-of-pocket for every diagnostic test, treatment, time spent in the hospital, medications, and follow-ups.

Personal injury claims are common in today’s court systems, often resulting from auto accidents caused by careless or impaired drivers. Although these injury-causing events are “accidents”, it is someone else’s fault that they occurred other than the victim. Proving that another person or entity is to blame for the injury is the biggest challenge to anyone looking to file a personal injury claim. When this burden of proof is met, the injured person can receive compensation that will help them pay their medical bills and compensate for any loss of salary that has occurred as a result.

1. Act Quickly
Filing a personal injury claim is not something you can put off until you decide whether you really need it. Each state has its own statutes of limitations that allow you only a specified amount of time from the time you are injured to file a claim. Even if you believe your injuries will heal without any further damage, go ahead and start working on the details of a claim. There are numerous complications that could arise to cause you more stress and more of a financial burden. If you don’t file in time, you won’t be able to file at all.
 

Image:www.experiencedhoustonmediator.com/practice-areas/
2. Find a Lawyer That Specializes in Personal Injury Cases
No type of legal case is black and white and personal injury is no different. John w.Kelly, JR. [John W. Kelly Jr. ] explains that personal injury claims also have defenses, such as third party responsibility, contributory negligence, or simply not being responsible. There are also concerns about recognizing conditions that typically occur from the type of accident that took place and proving that the accident in question was the cause. An experienced personal injury attorney understands all of these details in addition to knowing the process for filing a personal injury claim that is likely to be ruled on favorably.

3. Document Every Detail of Your Injury, Diagnosis and Treatment
The nature of the injury is at the heart of your personal injury claim. Documenting every detail will help give validity to your claim of injury, and reinforce the idea that it was caused by the accident. It isn’t unusual for the insurance company of the person who caused the injury to claim that the injury either doesn’t exist or that it was pre-existing. Your attorney will use these records to prove that you have a real medical injury for which you required treatment that you need to have paid for.

The most important step you can take after being injured in an accident is to find a qualified personal injury attorney to evaluate your case. Based on the details, they can guide you on what your next steps should be.

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