Filing A Personal Injury Claim

No matter how much we like to feel and think we are prepared for what life throws at us, no one can predict being involved in a vehicle accident due to someone else's negligence. Not only are you now having to deal with damages to your car, but also any resulting damages to your person.

As time passes, the medical bills begin to pile up, and debt collectors are on the phone wanting their money. Not to mention the fact that your quality of life has been diminished due to your injuries, leaving you with a lack of energy, having difficulty sleeping, and dealing with continual mood swings.

You are at your wit's end on what to do!

If this scenerio sounds like you or someone you know, it seems you may have the makings of a personal injury claim against the other driver.The downside is that pursuing a claim can be somewhat complicated for the layman and raise more questions rather than answers.

We have provided below a guide to successfully filing a personal injury claim in such a situation. However, it is worth noting that each personal injury case is unique, such as the circumstances that surround the incident, the timeline of the incident, and the varying severity of any injuries.  

Seek Medical Care

Suppose you or someone you know has unfortunately been the victim of an accident. In that case, it is imperative that you or they seek immediate medical attention at either an emergency room or your own primary care physician. Many conditions and injuries do not occur right away, but the worst ones can be prevented or relieved if tended to early. If a lawsuit should become necessary, those medical records may play an intricate role.

Gather Documentation

After receiving the proper medical treatment, it is then time to sit down and take stock of any injuries, damages, or medical treatments related to the accident. These should be thoroughly documented as they may be needed as evidence, such as how any injuries obtained from the accident may affect your life—such as hospital stays, loss of work time, or accumulated medical bills.

Research Possible Legal Consultation

Although it is possible to settle a personal injury claim without legal representation, seeking the services of an attorney may end up getting a larger award. Most consultations with a personal injury lawyer are free, and they will be able to provide valuable insight into your case.

Investigate The Circumstances

After having decided on obtaining the services of a personal injury attorney, they will then start by interviewing you to get the particulars of the case, including any injuries that resulted or may result in medical treatment. They will request any relevant records and may even reconstruct the accident from the information obtained.

Determine Negligence

The next step is for your attorney to work to determine the opposing party's negligence. Establishing negligence for those individuals attempting to present their case on their own is somewhat difficult. However, an experienced attorney can make this step much less arduous.

Notice of Claim

When you have decided to proceed with the claim, whether an attorney is involved or not, you will need to reach out to and inform all those who are involved of your intent to file a suit. The process is officially referred to as "service of process."  In most cases, the notice will be delivered by a court official, a process server, or a law enforcement officer.                                                                  

Settlement Talks

In some cases, before the lawsuit even makes it to a courtd date, the claimant's attorney will make a demand on the opposing attorney or insurance company. More often than not, most personal injury claims are settled at this point. However, some cases do proceed and go on to court.

File Your Suit

If all attempts to settle the case out of court are exhausted, the personal injury attorney will proceed to file the personal injury lawsuit in court on your behalf. When the suit is officially filed, a discovery phase is then initiated, where each party will complete their own investigation into the claim and defenses of the opposing party. At this point, both parties must respond professionally and truthfully to all requests from the opposing party. Due to the amount of time needed to gather the necessary documentation, this phase could take up to a year or more.

The Bryant Law Firm has helped thousands of injury victims in the Greater Houston Area and all across Texas. Let David A. Bryant, Jr. help you get the appropriate medical treatment and compensation you deserve.

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