Accidents happen every day. Injuries can sometimes be the results of accidents. However, if you are injured because of another person, this is a different story. An injury caused by the negligence of another person can change someone’s life forever. Negligence can lead to broken bones, permanent disabilities, or even wrongful death. If you or a loved one have experienced an injury caused by the negligence or carelessness of another person, it is important to to understand your next move and the options available to recover compensation for your damages.
The first option you have is to file an injury claim, also known as an insurance claim. Upon being injured, you can file an injury claim to receive compensation from an insurance company or the insurance company of the negligent party. Depending on what type of accident it is, a claim can be made against an auto insurance policy, homeowners policy, or professional liability policy. Upon filing the insurance claim, the insurance company will begin to investigate the accident to determine if there was indeed negligence and if there was, the potential pay out. They will look at what happened, how it happened, who was actually at fault, and the damages suffered by the victim. An insurance adjuster will review all the reports involved such as the police report and medical records. The adjuster will try to make you make a statement about the accident and what happened. If you are involved in an accident it is in your best interest to talk to a personal injury attorney first before making any sort of statement. Insurance adjusters are not looking out for your best interest. It is their job to reduce the amount their company pays out on your claim.
The other option is to file a personal lawsuit against the negligent party. If you and the insurance company can not agree upon a settlement, the personal injury attorney you hired can file a personal injury lawsuit against the negligent party responsible for the injuries you suffered. Upon filing a personal injury lawsuit, you can start to legally pursue compensation for the damages resulting from injuries. Lawsuits tend to be more complicated because you have to prove and convince a judge or jury that the negligent party was in fact at fault and caused your injuries. These cases can last months. There are several stages to a personal injury lawsuit. The first stage is the actual filing. The attorney representing you will file the initial lawsuit documents to the court and ensure all parties are notified of the suit and the intentions of the lawsuit. The next step is the discovery process. During this stage, each party involved will investigate the matter and gather information and evidence to support their claim. This is the final point to reach a settlement with either party before the case goes forward to a trail. The third stage is the actual trial. If a settlement is not agreed upon, each party has the chance to argue their points to the court with a jury present. This could involve multiple hearings however, a settlement can still be agreed upon during this stage. Once this is all said and done the trail is complete and a jury will determine the verdict of the trail. If the other party is not pleased with the decision, they can file an appeal.