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Here’s Why You Need a Lawyer When Filing for a Personal Injury Claim

| April 02, 2021, 08:13 AM

If you were harmed or seriously hurt following a road accident caused by someone else’s reckless behavior, you are eligible to get compensation from the offender. To achieve this, you need to file a personal injury claim, and the defendant or their insurance company will pay you the damages if you manage to prove liability. However, insurance companies usually negotiate in bad faith to protect their business interests. As a result, the victims may end up getting unfair settlements for their injuries. To avoid such a scenario, you should hire an experienced attorney to handle your case. Read on to learn the reasons why you need a lawyer when filing a personal injury claim.

Help you with Medical Treatment

Some people may be tempted to ignore seeking medical treatment soon after the accident due to the absence of severe pain. However, not seeking medical treatment is very dangerous since it can jeopardize your compensation claim. Your attorney will help you with all your medical requirements to increase your chances of getting the compensation you deserve. For instance, your lawyer can encourage you to follow the doctor’s instructions to avoid disputes with the insurance company representing the wrongdoer. Your attorney can also recommend that you go for further examination if your initial medical report does not satisfy them.

Legal Advice

Before you file a compensation claim, you should seek legal advice from an experienced lawyer who will first evaluate the merits of your case. Your lawyer will also explain your legal rights and the steps that you should follow when you file an injury claim. The Chicago personal injury attorneys at Blumenshine Law Group explain that having a specialized lawyer by your side will help you preserve your peace of mind by answering all your questions and responding to your concerns. More importantly, personal injury lawyers have experience in dealing with similar cases, so they will boost your chances of recovering fair compensation.

Gather Evidence

In most cases, personal injury claims are based on the notion of negligence. To prove negligence, you should show that the offender had a duty of care to ensure your safety, but they acted recklessly. As a result, you were hurt because the defendant breached this duty. Therefore, you need to gather solid evidence to support your claim. On top of the details- like photos that you might have, your lawyer can also engage investigators to understand the issue thoroughly. The attorney will also try to make follow-ups with the witnesses to get more information about what could have transpired.

Calculate the Settlement you are Owed

When your personal injury attorney compiles all the evidence required to prove liability, they will critically analyze all the documents to determine the compensation you deserve. Different things are considered when insurance companies try to establish the value of the damages suffered. The damages that you can get include medical expenses, lost wages, permanent disability, pain, and suffering.

These compensatory damages are mostly financial, and these are calculated from the total value of money lost or spent because of your injuries. Your attorney will carefully go through your medical report, bills, and other related expenses. Therefore, it is advisable to keep all the receipts of the expenses incurred while seeking medical treatment.

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File a Compensation Claim

The next step is to send a letter of demand to the insurance company. According to Nelson & Smith, the Best Law Firm in Macon, this letter should state the reasons for the claim and the total value of damages to be paid. Most personal injury cases are settled before they go to trial, but some insurance companies may act in bad faith. Insurers make money by offering policies, and they lose it when they pay settlements for insurance claims. Therefore, insurance companies may act in bad faith, delay payments, or deny claims to protect their business interests. This is where your personal injury lawyer comes in handy to help you get the compensation you deserve.

Litigation

If the award offered by the defendant’s insurance company does not satisfy you, you can pursue your case through a court of law. Your attorney should play a leading role in filing a lawsuit since they know how the court system works. A judge will preside over the case, and chances are high that you will get a fair settlement for your injuries. Your lawyer has a good understanding of the statute of limitations, and this will protect your legal rights.

If you are hurt as a result of someone else’s negligence, you are entitled to get compensation for the damages you incurred. However, getting the compensation you deserve is not usually a simple task. Insurance companies always aim to protect their interests. Therefore, you need to have an experienced lawyer by your side when you file a personal injury claim to increase your chances of winning the case.

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Category: Local News, NEWS

About the Author - Stephanie Maris

Stefanie is a local blogger and social media content marketer from Maryland and most recently a wife and a mother. She has an unhealthy obsession with puns, sarcasm and caffeinated beverages.

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