What Is The Process of a Personal Injury Claim?

What is the process of a personal injury claim
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If you have sustained injuries from an accident that was the result of someone else’s negligence, you may be able to file a claim to recover monetary compensation for your lost wages, medical bills, and pain and suffering. A personal injury claim is the means the filing of formal legal demands, without filing a lawsuit with a court of law; however, if the claim isn’t resolved outside of the court system, then your attorney at the Terry Bryant Law Firm will file a formal lawsuit with the court. Once the case is filed with the court, the claim is then referred to as a pending court case. There are a number of important steps throughout the personal injury claim process.  To help you understand how a personal injury claim works here’s some information about how the process works.

Get Medical Treatment

The first and one of the most important steps in the process is seeking medical treatment immediately after an accident. Even if you don’t think you are injured badly enough to seek medical attention, the slightest feeling of discomfort may develop into something serious, so it’s better to be safe now instead of worrying later. It’s important to get a copy of the initial medical report as well as all future treatment reports. Without these medical reports, the insurance adjuster may treat the case lightly. The medical reports are essential for the support of your claim and for building a strong case.

Contact a Personal Injury Attorney

Regardless of how minor you may think your injuries are, it is still important to consult with a personal injury attorney. During your initial consultation, your attorney at the Terry Bryant Law Firm will review the information about the accident and the injuries you sustained and discuss your options with you. It is essential that you are honest with your attorney and that you bring all of the information you have with you to the consultation. Be sure to let your attorney know how much your current medical bills are as a result of the accident, all future treatments that have been recommended by your doctor, and if you have been out of work due to the accident. If your attorney feels as though you have cause to file a claim, they will do additional research regarding your accident, but the more information you can provide at the initial consultation, the easier it will be for the attorney to determine if your claim is valid.

File a Claim

The next step, which is also important, is to file a claim with the insurance company. A claim with the insurance company may be filed with your own insurance company as well as with the insurance provider for the person that is responsible for causing the accident leading up to your injuries. Once the insurance companies know about your injuries they will begin their own investigation regarding the accident.  You will need to submit several documents to the insurance company, including medical reports, economic damages, witness statements and etc. The insurance adjuster will be looking for any reason to limit your settlement. Your personal injury attorney has experience in dealing with insurance providers, so they will help you open the claim and gather all documentation required to pursue your case.

Claim Demands

A claim demands package consist of all of your treatment records, documentation for your lost wages, and all other financial damages resulting from the accident and your medical bills. For instance, if your accident resulted in injuries that will prevent you from ever working again, the information regarding lost wages may also include all future lost wages. It is for reasons like this that it is critical that you not attempt to work with the insurance adjuster for a settlement without consulting with your attorney.  The insurance company will attempt to settle for the lowest possible compensation, your attorney will help to ensure your claim also includes potential future losses.

Settlement or Filing a Lawsuit

At some point during the negotiations, your personal injury attorney will discuss with you whether or not you should accept the offer from the insurance company. If the settlement is not accepted, your attorney will file an official complaint with the court system in order to begin a lawsuit. It is important to note that the lawsuit must be filed before the statute of limitations expires. Each state has a specific time range in which a personal injury case must reach the trial state, so if a settlement agreement isn’t made, your attorney will file the necessary lawsuit in a timely manner to ensure your case is heard in court.

Mandatory Mediation

After filing a formal complaint with the courts, your attorney at Terry Bryant Law Firm and the opposing attorneys will discuss a settlement. In some situations, both parties can agree on a settlement, but if they do not agree they will go to mandatory mediation, which both parties meet with a neutral third-party mediator in order to try to resolve the case outside of a trial.

Going to Trial

In the majority of situations, both parties are able to agree to a settlement through the mediation; however, if an agreement isn’t made, the case will go to trial. Your personal injury attorney will represent you throughout the trial phase, which can last anywhere from a few hours to a few weeks. Once a jury has been chosen, the attorneys from both sides will present their opening statements and state their side of the personal injury case. Following the opening statements, the attorneys will present all evidence pertaining to the case and end with a closing argument. After the closing arguments are completed by both sides, the jury will leave the courtroom and decide on a verdict.

Filing a personal injury claim may seem like a long as well as a complicated process, but your personal injury attorney will be there with you every step of the way. In order to ensure you get the compensation you deserve, it is essential that you hire an attorney that is experienced with personal injury claims.

If you have been injured in an accident, contact Terry Bryant Law Firm to schedule a consultation and for more information about filing a claim for compensation of your injuries.

Terry Bryant

Attorney and former judge Terry Bryant has known since he was young that he wanted to grow up to be a lawyer. Mr. Bryant is a native of Texas and completed his undergraduate degree at Texas A&M University. He then went to Houston and graduated with his Juris Doctorate from South Texas College of Law in 1977. A few years later in 1985, he opened his own firm and had one goal in mind: help those who have been seriously injured. Mr. Bryant said, “Being able to help injured persons and those who have lost loved ones through our legal system is a dream come true.” Since 1985 he has helped victims in all types of cases such as car and truck crashes, defective products, medical malpractice, spinal & brain injuries, falls, explosions and a wide array of other serious injuries. Mr. Bryant is Board Certified in personal injury trial law, which means his experience and knowledge of the law have been recognized by the Texas Board of Legal Specialization. This sets Mr. Bryant apart from many other injury attorneys in the state. He was also a Municipal Judge in Spring Valley Village, TX for 22 years and that experience has helped him gain great insight into the Texas court system. Mr. Bryant talked about his days as a judge and said, “During the time I was a judge I handled over 100,000 cases. On the cases that were tried, my view from the bench gave me a real insight into the thought processes of jurors.” He has never second guessed his decision to specialize in personal injury, and it allows him to have absolute focus in the cases that he handles.

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