The Procedure When Seeking Compensation for Personal Injury

Personal Injury

So you have suffered injuries, be it at the workplace, due to medical negligence or injuries following a car accident? It starts with seeking the services of a competent personal injury attorney. Vogel LLP law firm can help you legally pursue compensation if you have sustained injuries due to another person’s negligence.

So, what are the steps to follow when seeking compensation for personal injury?

1. Seek Treatment and Doctor’s Report

Remember, everything depends on evidence when it comes to legal matters. Word of mouth will not sustain you during the court proceedings should the matter go to court. So, seek a medical checkup to ascertain the extent of your injuries. The doctor may diagnose and treat you and then issue a report and a certificate.

These documents will add more weight to your affidavit and increase your chances of compensation. Again, the motive for seeking medical attention should not just be about compensation; your health or well-being should be enough motivation. Don’t rush to lodge a claim when you should be seeking medical help.

2. Report the Accident and the Related Injury

You should report the accident and the related injuries or damages to the relevant authority as soon as possible. Inform the supervisor or manager immediately if you get injured at the workplace. If it is a road accident, the police should be involved, and the incident should be entered in the police’s Traffic Incident Number (TIN). In case you are injured in a public place by another citizen, report the matter to the nearest local authority.

Make sure you detail the injuries or damages suffered when you report the incident and that everything is recorded.

3. Contact a Competent Personal Injury Attorney

We have said it before, but it’s worth repeating: engage a competent personal injury lawyer to start a good chance of compensation, especially if it’s a serious injury. Now, it is at this point that you ensure you have such a lawyer on your side. Share with your lawyer all necessary details about the incident. The attorney will educate you more about your legal rights and how best to proceed with the claim.

You will also learn how long the legal process may take before you are compensated and how much to expect. The personal injury lawyer will also provide you with an up-to-date opinion regarding your chances of success. Remember, the law changes from time to time. Sometimes, the injured do not even know the time limit beyond which he cannot file a lawsuit.

4. Lodge a Claim

With a knowledgeable lawyer beside you, it’s time to lodge a claim. Suffering an injury anywhere will not automatically qualify you for compensation until you formally lodge a claim. It’s after you lodge a claim personally or through your attorney that the compensation process starts.

For example, if you are injured in a car accident, you should lodge a claim with the insurance company that provides a policy for the vehicle’s owner. Ensure the claim follows the required format.

5. File a Lawsuit or Seek Out-of-court Settlement

Once you have lodged a claim, the next step will depend on different scenarios. The matter can be settled even without you filing a lawsuit. You will be compensated and the case will end there.

If the defendant is unwilling to cooperate, you have to file a lawsuit. By now, your lawyer should have consolidated all the pieces of evidence. The case will go on trial, and you will be compensated should the jury finally rule in your favor.

Remember that an out-of-court settlement could still be negotiated even after you have filed a lawsuit. However, the defendant can only make such a request before the jury makes a decision. If the defendant asks that the matter be settled out of court but you fail to reach an agreement once outside the court, you are still at liberty to file another lawsuit.

Whether you opt for an outside or inside court settlement, you should always have an attorney. Some legal technicalities may cost you compensation if you are on your own through uncharted waters.

6. Compensation

The compensation is calculated based on the damages suffered. You will then pay the personal injury attorney his legal fees and any other legal dues and pocket the rest.