If you’ve been involved in an accident, you may be considering filing a personal injury claim. While the process may seem daunting and stressful, it’s important to gain compensation for your losses and suffering. Personal injury clients’ main concerns typically revolve around the claims process and how long it takes.
While the specifics of a claim can vary on a case-to-case basis, the process is quite straightforward. The first step in any claim is to seek strong legal representation. If you’ve been injured in an accident in the state of New Jersey, find a personal injury lawyer in Hudson.
Personal Injury Claim Process
The personal injury claim process consists of four key steps:
Determining the extent of your injuries
To gain maximum compensation for your losses, you must identify the extent of your injuries. This involves calculating the economic and non-economic damages you have sustained. While determining economic losses is easy to calculate, non-economic losses are more challenging to evaluate.
Economic damages are quantifiable expenses resulting from your injuries. They include hospital bills, medication costs, loss of wages, and other tangible expenses relating to your injury. Be sure to keep any receipts to prove the value of your claim. You must also consider future expenses like ongoing medical treatments and lost wages due to inability to work.
Non-economic losses are more challenging to determine as they don’t necessarily have monetary value. Examples of non-economic damages include emotional trauma, pain and suffering, reduced quality of life, or missed professional opportunities.
This process often involves multiple medical examinations and consultations with mental health professionals. Your injury lawyer helps identify how much compensation you should seek for your injury.
Determining liability
Determining who is responsible for your injury is essential. Whether you experience significant loss or a minor injury, you must be able to build a case against the liable party. Personal injury claims are often quite complicated so it’s not always clear who is at fault. This is often the case in road traffic accidents, workplace injuries, and accidents in public areas.
For example, if an accident occurs in the workplace, a machine manufacturer may be at fault rather than the employer. This step involves gathering as much information and evidence as possible to support your claim. Some of the most important pieces of information include:
- Accident report
- Police report
- Witness statements
- Medical records
- Photos and injuries of the accident and scene
- Proof of loss of wages
Negotiating the claim
Once you have determined liability, the extent of your injuries, and your desired compensation, your legal representative files your claim with the insurer. The insurance adjuster typically refutes some of these claims, attempting to find weaknesses in your case. This is why it’s so important to gather as much evidence and information as possible before submitting your claim.
Resolving the claim
The final step in the process is resolving the claim. A personal injury claim is resolved when you accept a settlement offer from the insurance company. If you aren’t satisfied with the offer, you can choose to litigate the claim all the way to trial, opting for a jury verdict.
It’s extremely important to heed the advice of an experienced personal injury lawyer before making this type of legal decision.
A Law Firm You Can Trust
If you or a loved one were injured in an accident that wasn’t your fault, a personal injury lawyer can help. Find a law firm you can trust to represent you throughout the legal process.