If you are injured as a result of someone’s negligence, you are entitled to get compensation. However, the process of receiving that settlement is often complicated. There are different steps you can take to make your compensation claim easier. Here is a step-by-step guide on how to successfully go through a personal injury case.
Seek Medication
You should seek medical treatment soon after the accident. Some injuries do not manifest immediately, but you should still visit a doctor. This will help prevent serious symptoms from developing. Your medical records will also determine the settlement you should get for your injuries. An insurance adjuster will use your medical report when working on your settlement. Without a medical report, you may lose your legal right to be compensated for your injuries.
Document Everything
You must document all your injuries and gather evidence that can support your compensation claim. If you are involved in a road accident, take photos of the damaged vehicles as well as your injuries. In addition to medical records, you’ll need a police report to support your case. You also need to get details from witnesses and exchange details with anyone else involved. Use all the information you collect to prove how the accident has impacted your life.
Get Legal Representation
Although you can file an injury claim without legal representation, it is a good idea to enlist the services of a professional attorney to handle the case on your behalf. If you are in Vancouver, you should hire a lawyer who can negotiate with the insurance company involved. If you’re in Canada, dealing with Vancouver personal injury lawyers is advantageous because they provide free consultation and have experience in dealing with similar cases. When you hire a lawyer, you will increase your chances of getting the maximum settlement for your injuries. Your lawyer will also help you investigate the case.
Establish Negligence
Most injury cases are based on negligence where other people fail to act with reasonable care to avoid injuring others. To prove negligence, you should show that the defendant had a responsibility to protect the interests of the affected party. For instance, driving under the influence of alcohol is considered negligent since it poses a danger to other road users. The driver under the influence is likely to neglect the road rules as a result of the impairment caused by alcohol.
Your attorney will help you gather evidence that can be used to prove wrongdoing in a personal injury claim. You also need to prove that the accident has caused a loss of income, pain, and suffering. Keep all the documentation for your medical bills and other documentation of expenses related to your injuries.
Send a Notice of Claim
When you have gathered all the necessary evidence to support your compensation claim, the next step is to send a letter of demand. You need to inform the other party of your intent to file a lawsuit. This is also called “service of process” and you can deliver the notice yourself. It can also be delivered by a law enforcement officer. In this letter of intent, you state its purpose and the amount of money you expect as settlement for the injuries.
Once the defendant receives the letter or demand, they will respond within a reasonable time. In most cases, personal injury claims are settled out of court. Your attorney will try to negotiate with the insurance company involved. Mediation is another measure that can be taken to settle the case. Your lawyer or any other trusted party will negotiate for a settlement to help the parties resolve the case. If you are the victim, you should not rush to accept the first offer. You must consult your attorney first to make an informed decision.
File a Lawsuit
If negotiation fails, the case proceeds to trial. Once the plaintiff files a personal injury lawsuit in court, litigation begins, and the judge hears the case. You must provide all the necessary information to help you get the compensation you deserve. A lot of documentation is required at this stage. The discovery phase usually takes a long time and this is why you need to enlist the services of a lawyer. You should also bear in mind the statute of limitations when you file your compensation claim, or else you will lose your legal right to get a settlement.
If you are injured as a result of someone’s negligence, you are entitled to get compensation for your injuries. To achieve this, there are certain measures you should take. Make sure you get medication and document everything to support your claim. It is a good idea to work with an experienced attorney to increase your chances of getting the appropriate settlement.
