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.
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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.
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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