Will I Have to Go to Court if I File a Personal Injury Claim?

Updated on January 22, 2022

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After suffering significant injuries in an accident that was not your fault, you have the right to file a personal injury claim against the party at fault or their insurance company. As you start the process, you may discover that dealing with the insurance company is not as easy or as straightforward as you might have thought. What you might initially have believed to be a fair and reasonable offer on their part might turn out to be insufficient to cover even your most basic medical expenses.

A personal injury attorney representing you may make things move along more smoothly and result in a better offer. After talking to your lawyer, you might decide that the best way to get the compensation you deserve is to file a court claim to get the funds you need to cover your medical treatment and other losses and damages you might have sustained.

Filing a Personal Injury Claim

When the party responsible for your injuries has an insurance policy, the best method to recover the compensation you seek and reach a settlement is through their insurance. After the claim is filed, the lawyers representing the insurance company will attempt to negotiate directly with you or your personal injury lawyer in order to reach a settlement that satisfies both parties.

What documents do I need when filing a personal injury claim?

The most important documents you will need to file a personal injury claim are your medical records. Through them, the other party will be able to get a clear picture of your injuries, how they have been treated, and your progress towards recovering your health.

The medical records may include information from your doctors or from any other healthcare professional who has provided treatment for your injuries, as well as results from diagnostic tests like X-rays, CT scans, MRIs, and lab work. They may also include descriptions of further medical treatment recommended by your physicians and the opinion of medical experts regarding the full extent of your injuries and their impact on your future.

Another set is composed of documents that will serve to confirm the wages you have lost by being unable to work due to your injuries. You can include pay stubs, wage statements or request a letter from your employer stating your income loss. Suppose the extent of your injuries will prevent you from returning to work in the foreseeable future. In that case, you may also want documents referring to your future lost wages and loss of earning potential.

Finally, you might also claim pain and suffering and request compensation in your claim for any disability that you will be dealing with long-term or any disfigurement that you suffered in the accident.

How can a personal injury lawyer help you with your claim?

You don’t have a legal obligation to work with a personal injury attorney after sustaining an accident. You can take care of the matter on your own, starting with the negotiations with the insurance company and, if needed, filing a claim.

However, if you are trying to regain your health, your focus should be on your medical appointments and treatments. Also, a legal professional by your side means that things will be done as they should, deadlines will be adhered to, and documents will be properly prepared. Also, having legal representation will work in your favor when it comes to putting pressure on the insurance company to give you a fair settlement. And an attorney will be a solid presence to have by your side if things escalate and the case ends up in court.

A personal injury lawyer will have the experience and skills you need to negotiate with the insurance company and help you navigate the often complex and intimidating legal landscape of personal injury claims.

Your lawyer will help you understand if an offer is fair and reasonable or whether further negotiation is necessary. Your lawyer will do everything in their power to get you a fair settlement so that you don’t have to worry that your choices are accepting a low settlement or getting nothing at all. Your lawyer will negotiate on your behalf and fight for your rights all the way.

When you work with an experienced negotiator, you are more likely to receive an acceptable offer and avoid the need to go to court. Only when negotiations with the insurance company reach an impasse does a court appearance become necessary.

What if I have to go to court?

It is not an easy decision to file a lawsuit, but your attorney will be a strong advocate who will fight on your behalf. Your lawyer will work tirelessly to build a strong case in your defense and will fight to get you the best compensation possible.

Working with a Stockton car accident attorney means you will have someone that will not only listen carefully to your story but will conduct a thorough investigation into the accident. Reach out to a lawyer as soon as possible to ensure that no evidence is lost and who will locate and interview any witnesses that may be able to shed light on what happened. Your attorney will not only talk to your doctors but will bring in medical experts and other expert witnesses to testify on your behalf.

Additionally, many personal injury lawyers work on a contingency basis. This means that you would have no out-of-pocket costs, and you would only pay them once the case has been won. A lawyer can give you answers to all your questions and help you make an informed decision about how to proceed with your case.

The Editorial Team at Healthcare Business Today is made up of skilled healthcare writers and experts, led by our managing editor, Daniel Casciato, who has over 25 years of experience in healthcare writing. Since 1998, we have produced compelling and informative content for numerous publications, establishing ourselves as a trusted resource for health and wellness information. We offer readers access to fresh health, medicine, science, and technology developments and the latest in patient news, emphasizing how these developments affect our lives.