Accidents can strike anytime and anywhere to anyone. When confronted with this unexpected situation, there’s a lot of things to consider, from getting medical treatments down to filing an insurance claim.
As the process can be a bit complex and daunting, it’s best to work with a reputable lawyer in submitting a claim and getting proper compensation. Doing so is all the more necessary if you need to file a lawsuit against the other party.
In this article, we’ll share the process of filing an insurance claim for your personal injury case. Keep on reading to learn more.
1. Determine the accident type
- Auto accident: The World Health Organization (WHO) said that about 1.3 million people have road accidents and die each year. In addition, 20 to 50 million people end up with non-fatal injuries.
- Workplace accident: The International Labor (ILO) said that approximately 2.3 million people get into work-related accidents each year. Out of these, more than 6000 people die every single day.
- Medical malpractice: A health professional or a medical facility causes an injury or worsens the health condition due to negligence. Such negligence can be errors in the medical diagnosis and treatment of a patient.
- Premises liability: This accident happens in a commercial property or public place due to hazardous conditions. It usually occurs brought about by the negligence of the property owner. This accident can happen almost anywhere, from malls to grocery stores to gas stations to swimming pools.
- Products liability: Companies must be wary of producing products and ensuring their safety and quality. Why? Dangerous and defective goods or items can lead to personal injuries among the consumers.
- Wrongful death: As the name suggests, this accident occurs when someone has unintentionally caused a person’s death. However, it may be due to someone’s negligence. For the most part, wrongful death happens due to those accidents mentioned above.
2. Seek medical treatment
It’s crucial to seek immediate medical treatment right after the accident. Even if it’s not severe, you need a health professional to check your actual condition. Most importantly, they will give you medical advice and provide you with proper medical treatments if and when necessary.
But as far as insurance claim-filing is concerned, you need to do this for your advantage. While at it, secure all the paperwork such as medical records and even medical bills. You need to present these for filing a claim and seeking compensation.
3. Check the insurance policy
For the most part, you use your own insurance if you get yourself injured and no one is at fault. All it takes is to contact your insurance carrier, check your coverage, and file a claim.
However, if someone’s at fault, you must find out if the other party has insurance. For instance, you can file worker’s compensation if the injury happens in the workplace. If it is a slip-and-fall accident, contact the property owner and see if they have liability coverage.
4. Hire a personal injury lawyer
In most cases, you need to hire a personal injury lawyer for your accident-related case. Working with an attorney is crucial if someone’s at fault, and you need to seek proper compensation from the responsible party. Hiring an auto accident attorney is all the more necessary if you get into a car collision due to the other driver’s irresponsible driving.
5. Negotiate a settlement
When an accident happens, it’s common for both parties to sit down and negotiate. If you’re the one suffering from a personal injury, you must talk to your lawyer and determine fair compensation. In some cases, the other party agrees and accepts the financial responsibility. That’s when both parties have reached a settlement.
6. File a lawsuit
In some cases, the other party may not agree with the compensation you’re seeking. If you haven’t settled, you can proceed with filing a lawsuit against the other party. Be sure to understand the process below:
- Filing a lawsuit: Submit a written complaint about your personal injury and for the damages incurred. The lawsuit document includes your claim and the probable compensation you’re seeking.
- Undergoing litigation: Exchange pertinent information about the lawsuit with the other party. For the most part, you’ll give a deposition by testifying under oath about the personal injury.
- Having trial: Present pieces of evidence to the court. The jury will weigh the evidence pieces provided by both parties and arrive at a decision.
- Final decision: If your case prevails, the judge will decide on the actual compensation. The other party must comply with the decision and provide you with the required amount of money.
At this point, you now know what it takes to file an insurance claim for your personal injury. Be sure to follow the steps outlined above, from determining the accident type down to filing a lawsuit. Also, take note of the process in filing a lawsuit discussed above. Most importantly, work with a highly reliable lawyer. With all these in place, you’ll successfully file a claim and seek the proper compensation.