The law protects the right of people who suffered accidents based on the negligence of others. That’s why these victims are granted an opportunity to file a personal injury claim in court. This, if approved, will entitle the accident victim to damages and rewards to compensate for the injury, trauma, and other circumstances.
However, it’s not as easy as it sounds. The process of filing a personal injury claim is a complex and tedious one. More so if the person trying to claim has sustained a serious injury. But it’s important to know how the process goes so that you know what to expect. Here’s the process of making a personal injury claim.
Hire a lawyer
The first and foremost thing that should be done after an accident is to hire a lawyer. Because the process will be complicated and complex, you’re going to need to help of an expert. A lawyer is well-versed in the law and is backed up by the experience to make your personal injury claim happen. With a motorcycle injury lawyer in Denver helping you through the process, you can take your mind out of the complexities of the procedure and focus on your recovery.
Write a demand letter for the insurance company
Once you’ve hired a lawyer to help you through the process of making a claim, he or she will draft a demand letter for the insurance company. This should lay down all the facts and circumstances showing why the victim deserves to be awarded damages. Some information that has to be included in a demand letter are the injuries sustained, medical treatment and costs, why the defendant is liable, etc.
Write a complaint
If the insurance company doesn’t pay, then the victim can write a complaint. A complaint is filed to a court with jurisdiction to decide on the matter and is a formal acknowledgment that the plaintiff is seeking to collect damages. Because the insurance company refuses to pay, they will be the defendant in the complaint. The complaint will then be served on the defendant.
Once both parties have prepared their cases, the court will recommend a settlement. This is where most personal injury claims end. 95% of personal injury claims never make it to trial because the parties are able to negotiate in the settlement phase. What happens is that the parties agree on a compromise regarding the issue. Once this happens, the case doesn’t go to trial anymore. What’s left to do is the parties to comply with the agreement.
If, however, the parties don’t agree to a settlement, they then proceed to trial. This is where the lawyers will argue their sides in court and the judge will make the final decision as to the matter — whether damages are awarded to the victim or not.
The reason why many personal injury claims do not make it to this point is because of the cost and hassle. It takes so much more time, effort, and resources to go through a trial compared to settling to fair and equal terms that will benefit both parties.
Every person who suffers an injury because of the negligence of another is entitled to damages. But even so, there are procedures that must be followed. Make yourself aware of how a personal injury claim goes, but it would be ideal to get the help of a lawyer. This will ease the process and help you focus on your recovery.