Steps in a Personal Injury Claim
If you have been injured due to someone else’s negligence, you are eligible for compensation. Learn the steps in a personal injury claim in this video.
What are the steps in a personal injury claim?
A question we often get when people contact my firm about representation on potential personal injury claims is the question of what the steps are in a personal injury claim or personal injury lawsuit. Almost on a weekly basis some form of this question gets asked, and the advice that I always tell people is, first and foremost, if you are involved in a potential personal injury claim, if you or a loved one have been hurt by someone else’s bad conduct or negligence, the first thing to focus on is the medical treatment of just getting better. It’s a personal injury and your health is at stake. First and foremost, we want you to get better; we want you to get the treatment that you need. Simultaneous with that, or as fast as you can after seeking out the medical treatment, we do advise that you consult with an attorney who regularly handles personal injury cases.
The reason it is so important that you talk to an attorney early in the case is not because we’re just going to run out and file a lawsuit, or not just because you want to get a claim going immediately. There are just some practical reasons that will help you down the road if you have an attorney involved early on. These are things that you just don’t think about unless you’re an attorney who handles these types of cases on a regular basis – things like preservation of evidence, preserving and documenting the scene of the accident, documenting the scene of a premises liability claim, talking to witnesses, identifying those witnesses, etc. Most of the time, it’s a lot easier to run down and get the identity of a witness closer to the time when the event happened than if you wait months or weeks or years down the road. The preservation of the claim itself and how you prove it is going to go so much smoother if an attorney is involved in that process.
At some point along the way, you will file a claim, presumably with the insurance company for the person who caused that claim or with the individual or corporation themselves. That’s where having an attorney involved becomes particularly important. No matter how much you think that they’re going to treat you fairly, you need an attorney who works these claims regularly in order to know what your full rights are and help with valuation of the claim. This is a specialized area of practice, and most people, if you don’t do this on a regular basis, just have no idea how to put a value on their claim. People regularly overlook elements of the claim that help you determine a value, or else they’ll short-sell themselves. Having an attorney involved early on in the process helps in that regard.
Once the time comes for you to file a claim and you’re trying to negotiate it, having an experienced practitioner who regularly negotiates these types of cases is going to be to your benefit. Most importantly, and what we see on a regular basis, is that claims just do not settle for fair value early and fast. Often, because of the insurance company’s greed and their daily practice of just not treating claims fairly and not treating people fairly, they will try to undercut your claim, devalue it, and prove that they don’t owe anything. This often leads to litigation.
What I have learned over my years of practice and through my success in this field is that the best way to approach litigating a case is to win that case before you ever file suit. The way that you do that is having an attorney involved— an experienced practitioner in personal injury cases and trial lawyer who knows how to prepare the case and take it to trial. The type of attorney who will get it in the best position possible, who will have all of these facts and evidence gathered up before you ever file suit. When you file suit with the right lawyer on your side, the insurance company and the defense counsel know that you are prepared to take it all the way. Working up the case the right way is how you get in a position to get paid fairly and to get top dollar for your claim. As always, if you have any questions about a personal injury claim, the Brad Morris Law Firm is here to help, and we would be happy to give a free consult or just answer your questions about your potential claim.
Were you or a loved one injured due to someone else’s negligence and have questions about the steps in a personal injury claim?
Contact the experienced Mississippi personal injury attorneys at Brad Morris Law Firm, PLLC today for a free consultation and case evaluation.
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Out of Town Resources:
These Buffalo Personal Injury Lawyers have done a great job creating educational content. If you need help with a personal injury claim in Buffalo, we recommend you take a look at their website.
These Atlanta Personal Injury Lawyers have done a great job creating educational content. If you need help with a personal injury claim in Atlanta, we recommend you take a look at their website.