How do I file a personal injury claim?

category: Car Accidents,Illinois Personal Injury Lawyers,Personal Injuries

What steps should I take
to file a personal injury claim?

Step 1: Get in Touch With a Personal Injury Lawyer

You do not always have to hire an attorney in order to file an injury claim. However, getting one involved as early as possible in the process can help you avoid making mistakes that could affect your claim down the line. Furthermore, injury victims who hire an attorney typically receive larger settlements, have an upper hand throughout the legal process, and get peace of mind throughout the process.

Step 2: Start Medical Treatment and Gather Evidence

In a personal injury claim, you will need to provide proof that shows the negligence of the person at fault, the severity of your injuries, and any lost wages. You should make sure you have all your records and documents in your possession. That way, you can be prepared when an insurance adjuster visits to investigate and validate your claim. Important documents you should obtain include:

• Reports from your doctor regarding your injuries, treatment, and recovery.
• A police report (if one was filed).
• Photographs of the accident scene, your vehicle, and the other party’s vehicle.
• Records of all medical expenses.
• Estimates on the damage to your personal property.
• Other relevant documents proving that your injuries led to lost wages.

Step 3: Set Up Your Claim and Send A Demand Letter

You now need to inform the individual who is liable for your injuries and their insurance provider that you plan to file a claim. You may also need to file a claim with your own insurance company. If you’re unsure if a claim should be sent to one or both parties, then your personal injury lawyer can assist you.

This process officially begins with a demand letter. In this letter, you, the plaintiff, formally request payment for damages from the defendant. The demand letter is the key to any personal injury claim as it outlines the legal merits of your case. It usually includes the following:

• The amount of relief you seek.
• Why the defendant is legally responsible or liable.
• A summary of the injuries sustained.
• What medical treatments are/were required and how much they cost.
• How much lost wages has been or will be accrued.
• Any other damages suffered, like pain and suffering.

After this demand letter is sent, the insurance company has time to respond. They can either accept the demand, reject it, or make a counteroffer. If they decide to counter, this begins the negotiation stage of the claims process. If they reject the demand or make a counteroffer that does not reflect the full scope of your injuries, you can then move on to the next phase of the claims process: filing a lawsuit. The vast majority of personal injury claims, however, are settled before trial.

Contact Experienced Southern Illinois Personal Injury Lawyers

The Southern Illinois personal injury lawyers at Hassakis & Hassakis have helped people just like you file personal injury claims for more than seven decades. Our years of experience can help you through every stage of a personal injury lawsuit. Call us today at 800-553-3125 or contact us online for more information.