Whether you sustained an injury due to an automobile accident, a slip and fall injury at work, or medical malpractice, you have the right to receive compensation for your loss. Know that even though each incident is different, the personal injury claims process remains the same.
Therefore, it’s advised that you know what to expect after you’ve selected an experienced personal injury lawyer for representation. To help you out, we’ve created a step-by-step guide on what happens during your personal injury claims lawsuit.
Let’s have a look.
Table of Contents
Step 1: Collecting Evidence for Your Personal Injury Claims Process
Once you’ve determined who you’re filing a claim against, you need to find evidence that supports your statement. Start by narrating the scene of the accident and everything that happened before and after your injury. It can include the reaction of the defendant and whether or not they have contacted you after the accident.
Be specific and discuss things like time, date, and location. You might even share names and contact information about anyone who might be present there during the incident. Additionally, mention if you needed first aid and medical attention after the accident.
The best personal injury lawyers in Omaha go into investigative mode during this phase of the personal injury claim process. Witnesses get interviewed, police reports are accessed, and CCTV footage is retrieved from all legitimate sources.
The evidence gets evaluated to determine whether or not it will hold in a court settlement.
Pro-tip: Sometimes, your attorney will file a personal injury claim against insurers, product manufacturers, official authorities, or institutions instead of an individual. The decision depends on who is directly responsible for your injury and whether you have sufficient evidence to prove your claim.
Step 2: Seeking Medical Assistance to Support Your Claims
The lawyers gather the medical evidence that backs your claim of dealing with physical injury, illness, and mental health problems due to the incident. If you’ve already consulted a healthcare provider, your lawyer will require official permission to access your medical database and records.
Medical evidence might include:
- A complete medical evaluation of your injuries and any illness you might have developed as a result of the accident
- Photographs of visible injuries (i.e., scars, cuts, redness, and bruises)
- Ask specialists to determine the permanent impact of each injury and how long will it take to recover
Besides this, you’ll discuss the debilitative effect of your injuries and personal trauma on your routine. Your pain, emotional distress, and mental health get taken into consideration here. After this, you might receive appropriate therapy for rehabilitation and recovery.
Step 3: Evaluating Your Compensation Amount
Image Title: Personal Injury Claim Process Image Description: An attorney discussing compensation amount with his clients
Alt-Text: A couple meeting a personal injury lawyer
Figuring out an estimated amount for compensation is a crucial part of your personal injury law claims process. Lawyers, go over the incident again and consider the tangible evidence you now have against the defendant. Evidence can include medical records, reports, pay slips, and photographs of the injuries and damages incurred.
The standard practices require you to consider the losses sustained and expenses paid due to the incident. These are added with the financial support you might need in the future for recovery or long-term medical care.
Here are some things that get taken into consideration for compensation:
- Physical injuries and emotional trauma that you sustained after the incident
- Medical expenses for treatments, rehabilitation, and therapy. Additional costs for homecare such as a physiotherapist or professional carer.
- Loss of income if you’re unable to resume work or are unemployed because of a personal injury.
- Money for adaptive equipment (i.e., wheelchairs, prosthetics, or walking sticks) to facilitate mobility after your injury
- Cost of renovations and upgrades done on the damaged house. Alternatively, modifications that you may have made to improve your quality of life after a personal injury.
- The expenses you paid because of property loss and damage items (i.e., clothes, vehicles, and property).
Overall, compensation focuses on every penny you paid after the incident so that you’re fully reimbursed after the settlement.
Compensations tend to be paid as a lump sum amount once the court decides in your favor. The money includes the payment you agreed upon minus any interim charges you already received. You can opt for monthly or yearly payments, too, if they are more doable.
Periodical payments enable you to receive financial support for long-term medical care support.
Step 4: Reaching a Settlement
Once the personal injury attorneys create an estimate for the compensation fee, they will discuss the final settlement amount with the opposition. Both sides are allowed to present their offer during the negotiations. Attorneys try to reach a mutual agreement during this phase of the personal injury claims process.
Experienced personal injury lawyers in Omaha work for a settlement that benefits you. Out-of-court settlements and mediations revolve around arguments and discussions on the final offer. You get to choose whether or not you accept a specific amount.
Alternatively, if you’re unable to reach a decision, your legal representative will take the case to court. The process can take longer, and the verdict solely depends on the judge overseeing the trials. Rest assured, your lawyer will guide you from start to finish, clearing your doubts and advocating for your rightful claim.
In the end, your understanding of the personal injury claims process can be the first step towards victory. Knowing how things work can allow you to make informed decisions about the lawsuit—in turn, helping you choose the right personal injury lawyer in Omaha for your case. Select a professional such as the personal injury attorneys at Welch Law Firm, P.C., who’d fight for your rights to ensure that you receive reasonable compensation for your loss.
Experts bring experience handling negotiations and ensure you receive the best legal support in your hour of need.
Call 402-341-1200 to schedule a consultation or drop in a message to talk to legal experts in all matters of law.