How to File a Personal Injury Claim
Filing a personal injury claim is a complex process. That is why it’s important to hire an experienced, qualified attorney who specializes in this area of law. The right attorney can help you decide when to file a claim as well as guide you through the process.
As mentioned above, the best initial step to filing a personal injury claim is finding the right attorney to handle your case. A lawyer experienced in personal injury law knows the time-sensitive process for such claims. A qualified lawyer has a winning track record and has the ability to properly negotiate settlements on your behalf. Furthermore, if the case goes to trial, the lawyer will offer you the best chances of a winning verdict.
Most personal injury attorneys work on a contingency-fee basis. This means you pay no attorney fees unless you receive compensation from the party at fault.
What Happens After You Hire a Lawyer?
Once you have hired a personal injury attorney, they will walk you through all the stages of presenting your claim as well as filing a lawsuit, if appropriate, and explain the process along the way. The key steps involved in a personal injury lawsuit include the following:
- Building Your Case: Your attorney will collect all the necessary documentation relating to the accident, including, but not limited to, your medical care and other losses incurred as a result of the incident.
- Filing the Case: The attorney will prepare and file a written complaint with the appropriate court to initiate the legal process.
- Answer: The defendant (the party at fault) will have a specific time period within which to respond to the plaintiff’s (you) complaint.
- Discovery: Your attorney and the defendant’s attorney will start putting together the case. This includes evidence that can be used at the trial, e.g., recorded depositions, answer to written questions (interrogatories), etc.
- Settlement or Trial: The defendant may offer a settlement before the case goes to trial. Your lawyer will negotiate on your behalf and help you to decide whether to proceed to trial or take the offer.
- Appeal: If the case does go to trial and you win, the defendant may file an appeal. If the appeal is successful, your compensation may be reduced or completely taken away. On the other hand, if the appeal is denied, you will start receiving payments.
Filing a personal injury claim is a tedious and complicated process. If you are not familiar with your state’s laws and procedures, your best bet is to hire a knowledgeable and experienced lawyer who can fight on your behalf. The experienced attorneys at Hilton & Somer, LLC specialize in these types of claims.
Hilton & Somer, LLC: Personal Injury Attorneys located in Fairfax and licensed to practice in Virginia, Maryland and in the District of Columbia
If you were injured and considering filing a claim against those who were responsible, feel free to call us at (703) 560-0700 for a free consultation.
References for “How to File a Personal Injury Claim”:
https://wallethub.com/edu/ci/bodily-injury-claim/84822
https://www.spinalcord.com/how-to-file-a-personal-injury-claim-for-a-brain-or-spinal-cord-injury
