Steps To Make A Personal Injury Claim


Injuries can happen anytime, from a harmless scratch from a kitten to serious road accidents. Injuries are something which hardly anyone can avoid. The same however, cannot be said when talking about personal injuries. Personal injuries refer to any sort of injury to the mind, body or emotions that are caused by the negligence or malicious intent of others. An injury in most severe cases can cause intense trauma to a person and can have deep emotional and physical grievance to the victim and the victim’s family.

Personal Injury Claim

If the injury is caused by the negligence of someone else, e.g. wet floor with no sign board; can result in a personal injury. Several insurance companies offer personal injury policies where the victim’s medical bills are covered or the victim receives a claim amount. Here’s a list of things to include in your checklist when you decide to make a personal injury claim.

1. Make A Firm Decision

It is normal to be emotionally, physically and financially stressed in case of an injury, and making a claim is the first thing that comes to one’s mind. It is generally beneficial to consult a legal practitioner of the law like a personal injury attorney in such cases. Also, sometimes we also need to determine the gravity of the injury and weather you really need to make a claim. Many personal injury cases are settled with fewer hue and cries outside the court, so use your rights with full discretion.

2. Contact a Personal Injury Attorney Immediately

While it is common for several people to handle their legal matters themselves, hiring a personal injury attorney is always advisable. The personal injuries laws, legal procedures and related paperwork are a complicated affair and any mistake can prove disastrous for your case. An attorney is a professional practitioner of the law who makes their living by representing his clients in the court and can do all the confusing paperwork and research work for you. Most injury lawyers work on a contingency fee basis and will only ask for a fee if you receive the rightful claim from the accused party and the insurance agency.

3. Think Before Filing A Lawsuit

When an injury occurs it is common for most people to immediately think of a lawsuit. However, it is important to take every aspect of the situation into account; for example, are the accused party really at fault or was it an honest mistake and financial condition of the accused etc. Even if you are convinced of the wrong doing of the other party, filing a lawsuit is an expensive and complicated affair, so make sure you think twice and do it only after seeking proper legal advice from your attorney.

4. Determine The Claim Amount Carefully

It is an important step to determine the value of the claim that you need to make to the insurance agency or the accused party. Most personal injury cases are settled outside the court and the other party might make an offer and ask you about the level of compensation you’re expecting. One can easily take the services of a personal injury attorney or a law firm, such as the Ross Law Group Austin TX, to calculate the approximate amount and the level of compensation to be claimed from the other party or the insurance agency.

5. When Taking Matters Into The Court

If and when you decide to take the matters into the court, it is never really advised to proceed without proper legal consultation of an experienced attorney. Make sure you discuss your case thoroughly with the attorney and have all the paperwork in place. The evidences and witnesses are essential and make sure you have everything in place. Discuss with your attorney all the possibilities and plan your actions properly.

Making a personal injury claim is not an everyday affair and the right should be practiced with utmost consciousness and caution. It is likely that the other party will be accompanied by a lawyer too and the insurance adjusters will try to take out the least possible amount. To avoid such stress along with the complicated paperwork, make sure you take professional legal advice of a reputed personal injury attorney.

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