A General Overview of a Personal Injury Claim
The first step is to hire an experienced personal injury attorney. The attorney typically will not charge you for a consultation and will not charge you any fee unless they recover something. I have found that many people attempt to handle their own injury cases by themselves without the help of an attorney. That is a huge mistake. Statistics show that an experienced attorney will recover many times over the amount that you can recover on your own. In addition, without an attorney, you may be waiving or signing away rights and entitlements to which you should have pursued.
Once you have retained an attorney, he will send what is called a letter of representation to the responsible party(s) and their insurance companies. The purpose of this is two-fold. The first is to let the other side know that you are serious about your claim. The second is to make sure that no one bothers you during your healing process.
The attorney will likely do some information gathering at that point, perhaps hiring an investigator if needed, interviewing witnesses and so on. He will not begin any real substantive settlement discussions with the responsible parties until you have fully recovered or have reached maximum recovery. It is important to wait until full recovery (or maximum recovery) because you only get one bite at the apple. What I mean is that you only get one opportunity to settle a claim, i.e. after you settle it, you cannot ask for more. Part of the way an injury claim is valued is based upon medical treatment and recovery time. It would be foolish to settle or attempt to settle a claim prematurely.
After healing is completed, your Attorney will begin settlement negotiations with the responsible party. This often can become acrimonious when the two parties place vastly different figures on the value of your claim. The two issues that are argued over in negotiations are Liability and Damages. Liability is the "who is at fault, and how much" aspect of an injury claim. You argue that the other side is at fault, and they argue that you are at fault. The Damage aspect is essentially "what is the value of these injuries?" "How much is an injury of that type worth?". If a settlement cannot be reached, your Attorney will have to file a civil lawsuit against the responsible party. This often times is a very good thing, because it forces the responsible party (or their insurer) to retain an attorney to defend the claim. The gives for a second set of eyes to review your claim and may lead to further settlement negotiations.
Should the negotiations fail, its on to the meat of the litigation. The other side will want to review all of your medical information, perhaps schedule your deposition (a deposition is where the other side's attorney asks you a multitude of questions about the accident, about your injuries and about your treatment). The other side may also request that you undergo an Independent Medical Examination (IME) with a doctor of their choosing to review your medical status and treatment. This will usually set forth one final set of negotiations before trial. Should that fail, its into the courtroom for a trial on the merits.
Source: Free Articles from ArticlesFactory.com
Related Tags: personal, injury, a, claim, of, general, overview
Greg Artim is a Personal Injury Attorney located in Pittsburgh Pennsylvania. Please visit his website at www.gregartim.com for more information on various legal topics.
Your Article Search Directory : Find in ArticlesRecent articles in this category:
- How to Hire a Personal Injury Attorney Toronto
There is no question that suffering from a personal injury is an incredibly difficult thing to have - Finding the Best Personal Injury Lawyer
Should you be the victim of an accident that just simply was not your fault and you have received an - DUI Perpetrators Must Seek Expert Help
It is obvious, as we progress further into the future, that behavior that puts others at risk is not - To Find the Best New York Attorney Buffalo is Still the Best Choice
If you need an attorney in New York, you would surely have a lot of options. New York has 10 cities - If You Need a Great Wisconsin Attorney Madison is the Way to Go
Are you in need of a great Wisconsin attorney? If you are from Wisconsin and need a great attorney M - What Is The Importance Of An LLP Agreement
An LLP agreement is an important contract, since without such a document the Limited Liability Partn - Personal Injury Lawyers - Get Help at Your Doorstep When Injured
As soon as you are involved in an accident, it is usually quite common for you to be injured maybe i - Personal Injury Lawyers - Knowing If You Are Entitled For a Claim
No doubts accidents do take place; however that does not mean that you should take up the liabilitie - Personal Injury Lawyers - Claiming Compensation For Your Injuries Some Tips
When you are injured, the next thing is you should know what legal rights you have; this will provid - Personal Injury Lawyers Help Victims of Car Accident Claim Financial Damages
People living in Toronto go to work through different modes of transports like trains, buses and car
Most viewed articles in this category:
- Mesothelioma Lawyer - Asbestos Attorney - Mesothelioma Lawsuits & Lung Cancer Information
Mesothelioma is one of the most tragic diseases ever to strike the working man. Due to decades of m - Michigan Personal Injury Lawyer Courts
The Michigan Courts were created by the Constitution of 1963, Article VI, and Section 1, under which - What is Entrapment?
Question: What is entrapment?Criminal Defense Lawyer: Entrapment is a defense raised by a defendan - Top 10 Tips On How To Win Your Road Traffic Accident Case
If you happen to be pursuing this thing right now then here are the top ten tips on how to win your - Agency Law
Agency Law The origins of the doctrine of necessitous intervention by someone who is in a legal rel - Procedure Of DWI In U.S.A.
ALR (Administrative License Revocation) A Program to suspend the driving license Of Drivers Which a - Mesothelioma Lawsuits Surging in United States
Mesothelioma is a cancerous disease where malignant cells develop in the lining of the chest or the - Forensic DNA Testing
Forensics is defined as the study of evidence found at a crime scene and used in a court of law. For - Arizona Drunk Driving Law, Az Drunk Driving Law & Arizona Drunk Driving Charges
Arizona drunk driving is one of the most common and deadly mistakes in Arizona while driving. Defens - Worried About the Fair Debt Collection Practices Act?
Do you work for a financial institution that collects debts? If so, do you know whether the Fair De