As you go about your everyday life, accidents are bound to happen… They’re just part of life and there’s no way to fully escape them. But when accidents happen to you due to someone else’s negligence and no fault of your own, that’s when it may be time to seek legal action against the person that caused you harm with a personal injury claim.
By filing a personal injury claim, you’re attempting to collect compensation for the damages you’ve suffered from an accident. Compensation for your damages will come from your insurance provider as well as the responsible party’s insurance company as well, but this is exactly what insurance is for.
Suffering damages from a personal injury incident can be quite traumatic, and even devastating, depending on the severity of the damages, but it’s still important that you take the time out to really think about what you want to do and the best way to handle your situation.
Before you sign anything or even speak about the details of the incident, make sure to hire a personal injury attorney. You, of course, want to hire an attorney in your local area. For instance, if you’re in Kansas City, you will definitely want to look for personal injury attorneys in Kansas City.
As often as accidents occur, it’s not every day that you file personal injury claims. With that, you probably don’t know much about the process… and that’s okay. But before you file a personal injury claim, there are a few things you should know or at least make yourself aware of.
You never want to file a personal injury case without consulting with a lawyer and you never want to enter the case blindly. Before filing a personal injury claim, make sure you’re aware of these important things.
What you Need to Know Before Filing a Personal Injury Claim
Always Consult With Your Attorney Before Signing Any Paperwork
With personal injury claims and cases, there will be lots of law jargon that might sound foreign to you but your lawyer will know exactly what it means and will be able to guide you in the right direction to help you in obtaining the justice you deserve.
Of course, insurance companies will try to persuade you that you don’t need a lawyer. As disappointing as it may be, if insurance companies can convince you to settle with less compensation, they’re going to attempt to. Your best bet is to let your lawyer do all the talking. They’re going to be able to present a better and more persuasive case as to why you need the full amount of compensation.
Some insurance companies will even ask you to sign a medical release form for access to your medical records. To you, it sounds pretty reasonable, but the reality is that they’re trying to look up any pre-existing conditions or any reason to pay you less in compensations.
According to the US Department of Health & Human Services, your medical records can only be accessed by you or your personal representative. Your personal injury attorney will be able to advise you of all the tricks and schemes insurance companies will try to pull on you, including signing medical release forms to possibly use against you in your claim.
Make Sure to Always Preserve Vital Evidence For Your Claim
As with any case, preserving vital evidence to your personal injury claim is always going to work in your favor. The evidence to preserve is evidence that proves guilt on the responsible party for their carelessness and negligence in the damages you’ve suffered.
This is so important because if you’re going to place blame on someone, you must understand that they’re more than likely going to defend themselves against your claims. The evidence you provide is what’s going to prove your innocence and their guilt.
This can be anything from the contact information or testimony of an eyewitness, dash-cam recording, and pictures of where the damages occurred from the accident. Just make sure that the evidence you collect, to preserve it and keep it safe for it to be presented in court.
There is a Time Limitation to File a Personal Injury Claim
With personal injury cases, time is of the essence. The time limitation is three years, but the sooner you file the better. The time limitation is typically because when injuries happen, the physical or apparent signs of the injury or disease isn’t always apparent as soon as the accident happens. When this is the situation at hand, courts will start the proceeding within that timeframe. Filing outside that timeframe will cause your case to get abandoned.