If you sustain significant injuries in an accident caused by someone else’s negligence, you can file a personal injury claim with the at-fault party’s insurance company. In many cases, the insurance company will willingly negotiate a fair financial settlement for your injuries and damages – especially if you have a personal injury attorney as your representative.
In some cases, however, the insurance company refuses to negotiate in good faith. In that event, your lawyer may recommend taking your case to court to get you the financial settlement you need to get medical treatment, and to compensate you for lost wages and other damages.
How Do I File a Personal Injury Claim?
If the at-fault party has insurance, filing your personal injury claim directly with the insurance carrier is the preferred method for obtaining a fair settlement.
For example, if another driver’s negligence caused a car accident in which you sustained serious injuries, you will likely file your claim directly with the insurance company.
Once you file your claim, the insurance company’s lawyers will attempt to negotiate a settlement directly with you or with your personal injury attorney.
What Do I Need to File a Personal Injury Claim?
The most important information you need to submit a personal injury claim with the insurance company will come from your doctor, or any other medical professional who provided treatment for your injuries.
This may include test results from x-rays, MRIs, or CT scans. It may also include evidence of treatments you received and medication prescribed to you. If you will require future treatment, you must also provide statements from your doctor and, potentially, medical experts who can provide a comprehensive evaluation of your injuries and how they will affect your future.
If your injuries prevented you from working, you must also submit documentation of your lost wages. This may include past check stubs or wage statements, or a letter from your employer. If you cannot return to work for the foreseeable future, you must also document your future lost wages and loss of earning potential.
You may also claim pain and suffering, and request compensation for any long-term disability or disfigurement you sustained from the accident.
The value of your personal injury claim will be the total of all of the items noted above.
Do I Need a Car Accident Lawyer to File a Personal Injury Claim?
Legally, you have no obligation to engage the services of a personal injury lawyer. However, if you sustained serious injuries that will require time and treatment to heal having an attorney is important to protect your legal rights. This is especially true if your injuries will prevent you from returning to work for a time.
Not only can your attorney protect your rights, but he can help you navigate the complex legal landscape of personal injury claims. The insurance company will send an army of lawyers to negotiate your settlement. They may try to convince you to accept a low settlement on the premise that they will not offer any more beyond that sum.
A lawyer can help you decide when a settlement offer is fair and appropriate for the injuries you sustained. He or she can also call on their extensive network of resources to obtain testimony from medical experts, accident scene reconstruction specialists, and others who can support your claim.
Your personal injury lawyer will focus on obtaining an acceptable settlement offer, which can help you avoid going to court. However, if the insurance company refuses to make a reasonable offer, your lawyer can prepare your case to present in court.
What if I Have to Go to Court for a Personal Injury Claim?
If you and your lawyer make the decision to file a lawsuit, you will have an advocate by your side who is ready to present your case to the jury. Your lawyer can help you through the challenges of a court case and help you get any medical care or treatment that you need.
Your lawyer will work tirelessly on your behalf, whether it involves negotiating with the insurance company or presenting your case at trial. You can rest assured that you have someone looking out for your best interest and protecting your rights throughout the process.
In Florida, the Law Firm of Anidjar & Levine provides representation for clients who sustained injuries in an accident caused by the negligence of another. We provide a free consultation and case review to answer your questions and help you make an informed decision about your case. Call us today at 800-747-3733 to schedule an appointment with a Florida car accident lawyer.