Personal Injury

The 9 Step Process Of A Personal Injury Auto Accident Case

Auto accidents happen within the blink of an eye, and the result leaves you with injuries that could be potentially life-threatening.

When in these situations, the best thing to do would be to file for a personal injury. Filing this is only possible if you’ve ended up injured during the whole ordeal. If not, then you have no case to begin with.

However, if you’ve sustained any type of injury, then this is the 9 step process of a personal injury auto accident case.

We will be explaining the entire process from start to finish, so don’t go anywhere. Without further ado, let’s start.

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1. The Investigation

Forget about your car; your number one priority is to check the severity of the injuries after a car accident.

If the injuries are too severe, then you might have to seek medical treatment ASAP. If not, then the investigation part begins. This is the first step of your personal injury process, and it involves taking photos of your injuries and the scene.

What you should also do is also talk to witnesses and write down what they have to say. Witnesses are vital for your chances of success, and there will almost certainly be one or two.

2. Get Treatment

Getting treatment for your injuries is quite possible the best proof you can have. Since you’ll have to visit a hospital or medical facility for the treatment, the doctors and nurses there will record and document all of your injuries.

This is rock-solid evidence that you’ve actually sustained body damages and it also determines the severity of those damages.

3. File a Claim With the Insurance Company

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If you have the necessary coverage, then you’ll need to notify your insurance company of the accident.

This is your best bet to have your car as soon as possible and get you back driving. Insurance companies cover for damages regardless if the accident is or isn’t your fault.

Be wary of money offerings from the other person’s insurance company, as these are generally much lower than the actual cost for repairs. If their insurance company doesn’t offer a sufficient sum of money to cover for repairs and potential damages, then you might want to consider hiring an attorney. A good option is torklaw.com, a personal injury and accident law firm dedicated to obtaining outstanding results for those who have been injured due to someone else’s negligence

This attorney is a personal injury attorney that specializes in exactly these cases.

4. Talking With Your Attorney

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In most cases, this is the fourth step of the process of filing a personal injury claim. This step is the reason why this type of process exists.

Insurance companies would rather lowball their way out of a case rather than pay up what they owe. So, people get angry and they end up in court.

When talking to a professional that praises personal injury law the first thing you’ll discuss in your first meeting is to ask for their experience. Only a person that has tons of cases behind their back can help you win your case.

Before talking to an attorney, you should educate yourself on the topic of personal injury. A great resource for that can be found if you click here.

Other things to discuss with your attorney are fees, strategy, and what to look for in terms of reimbursement.

5. The Medical Investigation

Now that you’ve hired an attorney, it’s time to start the medical investigation.

This part will be solely conducted by your attorneys as it will be a part of their job. This is something that every personal injury attorney does and they do it very professionally.

Some of the things involved in this step include following up with medical professionals that have treated you, obtaining your medical record, and the medical bills connected to this case.

Once they’ve acquired all of that information, the attorneys will wait for your injuries to heal before sending all information to the insurance company.

This is sort of like a declaration for court, as it is the first and formal conversation between both parties.

However, there is the likely chance that your injuries are more severe than originally thought. When this happens, the attorneys will visit the medical experts one more time and make a report of the injuries. They will then send this report along with the rest of the information.

6. Demanding a Settlement

This part starts when your doctor gives the all-clear for you to continue with the filing process.

In some cases, you’ll demand a settlement from the opposite party, but, this won’t actually happen as it will be the insurance company that makes the initial offer. However, most reject it since it is either too low or too unreasonable to accept, so you’ll end up going back and forth a couple of dozen times.

7. They Settle or You Go To Court

During the negotiation, at some point, the insurance company will send a “final offer”. This offer means you either accept it or you file a lawsuit.

Contrary to popular beliefs, not many people wish to file lawsuits, so they end up taking the offer.

However, that’s not always the case and if you still feel you’re being undervalued then it’s maybe time to file one.

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8. Discovery

This is the part of the process where your attorneys and the attorneys of the insurance company research the other party.. This means that the insurance company will start digging into your past in a bid to try and stop you from winning the case.

But this also equips your attorneys with the much-needed firepower to go out and do what they do best.

After the discovery period ends, the mediation starts.

9. Mediation

This part always happens before you go to court and it involves hiring a third-party mediator to try and talk things out between both parties to avoid going to court.

This person will try to push for a settlement to be agreed between both parties but, unless a change of heart, this won’t happen.

And if the mediator fails to reach an agreement between both parties, you’ll end up going to court.

The Need for Lawsuit Financing and More

Hiring an attorney and paying for court can be way more expensive than you think. People often seek a loan to pay for their lawsuit. This money refers to the money required before and after the settlement of a case.

In this case, you need to find the company that provides you with cash that is secured against the successful settlement of your claim, suggests bakerstreetfunding.com.

This method is prevalent, especially in personal injury cases. Lawsuit financing is a non-recourse financial transaction. Legal finance can help you to advance your lawsuit and may also provide you with a favorable outcome. The reason why such companies offer the money is that it can be seen that your case is powerful in your favor, and it will be won, in which case the funds will be returned to the company.

Being Eligible for a Lawsuit Loan

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While there is no list of criteria that make you eligible for lawsuit financing, the most important thing here is that you have a strong case in your favor, a valid lawsuit that has a high probability of succeeding. Generally, job history and credit are not analyzed at this stage; it is important for you to apply because it comes with no cost.

The Help Received

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As already mentioned having a legal loan can help you in the long run. When you acquire the funds, it also helps you in dealing with insurance companies and their settlement periods. With the funds available right in front of you, it also gives you a more significant opportunity to get a higher quantity of settlement checks. Without the funds, however, you may fall victim to long waiting periods offered by insurance companies at the end of which you receive a meager amount. With the help of cash made available to you by the lawsuit financing company, you can deny the claims of defendants and work on your case yourself while it moves on for trial, or you receive the settlement value immediately.

Things to Check

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There are a number of institutions dealing with legal financing. Because the market is so vast with so many options, it might be very confusing to choose the one that is best for you.

  1. The first thing that you need to definitely keep in mind before hiring or seeking help from a legal loan company is the amount of money they provide. In this industry, many companies fail to deliver the amount of money that is being requested by the client. Make sure that you select an experienced company with a long list of cases and a higher degree of understanding of the financial market.
  2. You must also look for that partnership with financial institutions because such companies will be able to provide you with much higher values and much faster. This is the foremost thing you need to keep in mind because most companies fail to provide adequate money at the proper time.

When dealing with such a company, it is very important that you choose the one that takes responsibility for your case and has empathy for you and where you stand. Only then will a company genuinely come to your help.

  1. Expertise and experience go hand in hand. In this case, you must make sure that the company you are dealing with has adequate expertise with a reliable team who all hold good degrees. Another aspect that you have to keep in mind is the experience they stay in the market dealing with legal loans.
  2. When you are trying to fight a case, it is not possible for you to wait indefinitely. Be sure that you check for references and find out how much time a company takes before responding. You must always choose a company that makes the least amount of time to respond to your application and providing you with the necessary help as soon as possible.
  3. It is not possible to get a legal loan without proper communication. The company you choose must be transparent and communicated about the journey you take with them. Constant updates and information about your process should be provided to you from time to time.
  4. When applying for a legal loan, there are a number of personal pieces of information that you have to provide. Not only are they directly pertaining to your case but also about your credit and history. You definitely want to work with the company that will assure you that this information will be kept safe and secure and without any leaks.
  5. You don’t want to pay money before you actually start working with the company. Make sure that the consultation is free, no matter what company you are working with. If the company asks for money during the initial consultation phase, it is a sure shot signal for you to move away from that company and refer to some others.

Services Offered

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It is always better to work with the most prominent companies when it comes to legal financing. Such companies are generally better capitalized and can provide you with the amount of money that you require immediately. If you are wondering what services are provided by these companies, the following list will provide you with a clear idea?

Such companies work with individuals who have been personally harmed and cannot bear the cost of medical bills and procedures. This might happen because of the privatization of health insurance or protection from personal injury.

Companies dealing in lawsuit financing offer legal funding even to corporate sectors with strong business litigations to finance the corporate case.

Trial attorneys are also provided with legal loans in a seamless manner. This includes funding pre-settlement or law firm loans, which are also known as case cost funding.

Always make sure that you read the references and the customer experience with a particular company before you ask for lawsuit financing. With the help of legal financing companies, you can come out with flying colors with your lawsuit. Take the benefits of lawsuit loans now with the reputed companies in the market.

Mistakes To Avoid If You Want To File A Personal Injury Case

When you are filing for any lawsuit, there is a procedure you have to adhere to. The law requires order so that the best and fair judgment is the result after the case has been closed. Unfortunately, some people try to use shortcuts to get justice, but as we all know, these stories do not end up well for anyone involved. So much so, for someone filing for a personal injury case, the following are the errors to avoid so as not to get dismissed.

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  1. Delaying getting treatment

Sometimes when you get hurt and think to yourself, ‘If the judge sees me like this, he/she will be more remorseful!’ This isn’t very wise, and it does not work in the court of law. Judges work with facts, and those facts must be by law and not by human nature. A judge may be remorseful at your situation, but you delaying seeking medical attention will not help. Instead, get medical assistance and get all the reports to show the severity of your condition.

  1. Handling your case alone

The temptation of sorting things solo may seem like a good idea, but not in a personal injury court. You need a voice of reason to do the talking for you. It would be best if you then got a Rosengard Law Group, for example, to represent you. The idea behind this is because they are familiar with the type of case you are presenting, and they have the professional expertise in sorting out such claims. Having one will work entirely to your benefit.

  1. Giving false information

Lying has never gotten anyone anywhere. You might rest today, get away with it, and tomorrow you will have to lie again to cover the first lie. And before you know it, you have a pile of lies with no truth to it. This only lands you into trouble in a court of law. So much so, always tell the truth, not twisting the revelation to fit in your claim. If you saw a sign warning you to enter a premises, say so. It might be that small truth saving you from being arrested for lying under oath or even worse getting your case dismissed for a dumb idea to deceive. The truth indeed sets you free.

  1. Negotiating without counsel

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When you file a lawsuit against an individual or company on a personal injury case, they will, without a doubt, try to reach you. These efforts are aimed to get you to negotiate with them so that you do not go to court since it may tarnish their name. So much so, if you decide to meet up with them, go with a witness and have a lawyer present so that they can get you the highest number. Going without back up will have you agreeing to something you shouldn’t have, and since you might have already signed a non-discloser, nothing can be done. Be smart and take with you counsel. It would be regrettable to settle on less as compensation while you could get millions.

  1. Settling before evaluation

As a general rule, you have to think twice before making any decision, and when it comes to personal injury cases, the same applies. In such circumstances, where a set amount of payout is typical, the accused always tries to make a negotiation as fast as possible. Such that if the compensation entails money, they will try to pay off the inflicted as soon as possible. And sometimes, this amount could be below what they could actually receive if the case goes to court. So, to avoid getting peanuts on a situation that you could reach millions, think, and do your calculations before signing any papers. Because once you go down that road, you cannot come back.

  1. Missing court dates

If you end up missing a court date without notifying the court, you are sending a pretty lousy message. The judge might even end up dismissing the case. Indeed your reason for missing a session might be legit, but since you sent no word out or send a representative, it displays a bad picture. So, the next time your doctor’s appointment coincides with your court date, inform the court of your absence. And if the session cannot be moved, send a sound representative to attend the hearing. Or even better yet, reschedule one of the two.

  1. Getting an incompetent lawyer

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Legal counsel, usually a lawyer who speaks on your behalf in court, can make or break the case for you. If they cannot relate to your situation, drop them at once. If they seem uninterested or do not know what they are doing, drop them as well. You might as well speak for yourself in court if the court allows. Either way, make sure you first have a sit down with the lawyer and have a chat before you hire them for the job. If you resonate with them well, they will help you beyond measure, and that is what you need, nothing else.

  1. Editing and falsifying your medical reports

Sometimes people who have been in accidents on someone’s property, or caused by their pets, tend to go overboard. The over-emphasizing and making the accident appear more severe than it is could land you into problems. Some people go to lengths of even bribing medical practitioners or witnesses to edit the occurrences and the reports. And this is a whole new offense that can be found out when expert advice gets consulted. What you may not know is that lies have a very short life span. And karma’s circle might be smaller than you think. So to avoid your case being canceled and to get served with yet another court case of bribing and falsifying documents, be real and get what you deserve, not what your greed yarns.

If you want to win, do not let such small avoidable mistakes be the reason not to get compensated for your injuries.

How a Personal Injury Lawyer Can Help Win a Case?

It goes without saying that accidents can happen to anyone anywhere, no matter how careful an individual is. As horrible and frightening as they are, they are even worse when they occur to someone due to another person’s negligence.

In instances when someone else is at fault for your misfortune, you have the right to request compensation that will aid in covering any hospital bills you might have, your time off of work, as well as any emotional trauma you might have suffered.

These claims can be made in a variety of situations from motor vehicle accidents to dog bites and while in some cases getting the compensation can be handled easily through insurance, in others, it can be quite tricky. This is why hiring a professional who knows everything about personal injury law might be the smartest decision to make.

However, if you are still wary of getting a lawyer or are uncertain of exactly what they can do for you, here are some things to know that might help you understand the benefits a bit better.

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How Can They Help?

  1. With Experience

It is most likely that your case is not the first of its kind the lawyer is working on. So not only have they gained experience through past suits, but they also have a good understanding of insurance company maneuvers and vast knowledge of the law.

This way, you will not be required to do any extensive research since everything will be explained to you and even simplified if needed and you will be talked through all your options as well.

  1. By Eliminating Red Tape

For those unfamiliar with the term, red tape is a term used to describe a process that involves going through a lot of procedures and filling out a lot of official forms in order to accomplish something. This is a thing insurance agencies are known for.

However, getting a professional entails that everything will be dealt with for you, meaning there is no need to worry about paperwork, knowing the law, or understanding complicated medical or legal terminology.

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  1. By Offering Objectivity

Getting harmed, especially if it is not your fault, can make you feel angry, emotional, and frustrated. Going through such feelings makes it hard for people to make good, rational decisions and to remain calm and objective.

Since an attorney has no personal stakes in the matter, they will always keep a cool head and remain objective, providing you with an outside perspective and a realistic view of the situation. This way, you can rest assured that they will make the best decisions possible on your behalf and ensure that you are compensated accordingly.

  1. They Can Help You Save Money

Many firms operate on the principle of not taking fees unless they win the suit, meaning that you will not need to pay for the company’s services unless the outcome is in your favor.

Moreover, certain firms such as Foyle Legal who specialize in motor vehicle accident claims offer free consultation and can provide you with a quick initial assessment and give you advice on what needs to be done since the lawyers deal with such litigations daily.

  1. Save Your Time

For people who have to work or take care of their families, the entire process is immensely time-consuming. From reviewing files and medical charts, obtaining all the necessary records and documents to communicating and dealing with insurance companies and contacting all the necessary people, all of it takes time but also effort and energy.

Instead of having to go through everything yourself, an experienced professional can do it for you and probably much faster and more efficiently too.

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  1. By Providing Alternative Solutions

In the U.S. a quarter of all filed court cases were personal injury claims in 2015 while in Australia, the total number of serious claims declined by 18% in 2016-17. However, according to research, these countries share something in common – a large number of people did not request any compensation or have dealt with the suit without consulting an attorney.

Yet this is something that should be avoided since more often than not, these professionals can advise you whether to actually take it all the way to the courtroom or not. Many times, other types of resolutions can get the job done much faster and easier, not to mention that they are cheaper too.

Additionally, they can take a look at your situation and all of the facts and tell you whether you should take action in the first place.

  1. Representing You in Trials

Individuals have the choice to represent themselves during a trial, however, the odds of winning are in no way favorable, especially when going against experienced defense legal representatives. This is why hiring a professional is more likely to get you a favorable jury verdict and ensure you get the compensation you deserve.

  1. Working Closely with Investigators

Many attorneys collaborate with a team of investigators who help them build your case by going through and examining every little detail there is from police reports and witness interviews to re-enactments and everything in between.

  1. They Can Get You Higher Settlements

Settlements entail agreeing on taking a negotiated sum of money instead of going to trial. Statistically, people who have legal advisers by their side during settlements walk away with more money than what would have been negotiated otherwise, so if your attorney advises you to opt for it, you should follow that advice. After all, they have the most experience when it comes to getting you the best outcome possible.

Conclusion

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Hopefully, now you have a little more understanding of why hiring an attorney for these types of litigations is important and how it can be beneficial to an individual.

It is important to remember that your lawyer will always have your best interests in mind, so hiring one might be the best thing to do, not only to ensure your legal safety but also to protect your rights and to help you get the most out of your claim.

5 Top Tips for Submitting a Personal Injury Claim

We all like to think we’re invincible, but accidents can happen to anyone of us at any given time. If you’ve been involved in an accident, it’s important that you seek justice for your injuries and losses. While the process s can be daunting and overwhelming, getting the compensation you’re entitled to be crucial. With that in mind, here are 5 top tips for submitting a personal injury claim.

Make the Claim Immediately

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If you have been involved in an accident, it’s important that you make your claim immediately. As all the details will be fresh in your mind, you will be able to give an accurate and descriptive account of what happened, meaning that there is less chance of any crucial facts going missing. If you decide to wait until you’re no longer able to work, this can cause all sorts of financial problems, making it process far more difficult to pursue.

Seek Out Medical Advice

If you have been a victim of an accident and have been physically or mentally injured, it’s crucial that you seek professional advice and diagnosis before making an injury case. Not only will doing this help speed up the recovery process, but it can also help maximize the amount of compensation you could receive.

Keep a Record of Your Journey

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From the moment the accident happens right through until the end of the personal injury case, it’s important that you document anything and everything that may be relevant to your claim. The more evidence you collect, the better, especially when it comes to getting compensation. Whether it be obtaining insurance records, medical records, hospital bills, or note of any assistance received from your loved ones, collecting and preserving all of this will help strengthen your case.

Understand the Legal Process

According to Zehllaw If this is the first personal injury case you’ve made, it’s only natural to feel a little confused by how the legal process works. Therefore, it’s important that you read up on some basic guidelines that will help you through your claim and help reduce stress levels. Once you know what you’re getting yourself into, you will be prepared for any eventuality along the way.

Find a Reputable Attorney

Seeking a reputable personal injury attorney can be the make or break when it comes to not only winning your case but getting the compensation you deserve. It can be all too easy to go with the first attorney you see, but doing your research first is strongly advised. Although the process of a personal injury claim can be overwhelming at times, having the support from your family and friends as well as from a reputable attorney can help increase your chances of compensation, getting you the settlement you rightfully deserve.

Top Reasons Why You Should Hire a Personal Injury Attorney

Life isn’t always nice to people. There are both positive and negative situations around us all the time. Therefore, it’s common for people to become victims of accidents.

No matter which type of accident they are in, a bunch of problems suddenly arise. And between all the chaos, you need a person to bring you on the right path. They are there for you when you struggle to restore the order in your life.

However, many people are reluctant when it comes to hiring a personal injury attorney. So, here we’ll elaborate on the top reasons why you need this individual and what they give you. Enjoy!

Experience and Legal Advice

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If you’re alone after the accident you give the insurance company a chance to manipulate you. This is due to the fact that the company usually has a team of experienced lawyers that will make sure its interests are satisfied.

To ensure you protect your rights, you need an attorney. These professionals have experience in their field and are able to guide you through the whole process. Not to mention that they offer legal advice to help you win.

Increased Liability

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To be successful at court, victims need to present relevant documents, proof of the accident, reports, testimony of the witnesses, and other evidence before the judge. This way they stand a chance at receiving what they deserve.

With a personal injury attorney, you will be able to obtain all of these details because these professionals are responsible for gathering and presenting trustworthy evidence. As a result, they increase your liability in the judge’s eyes.

Luckily, the number of lawyers you can hire out there is really big. You should only pick the one that matches your budget and expectations. On websites like budinlawoffices.com for personal injury attorneys, for instance, there is information like this to give you an idea of whether you should hire the lawyer or not.

Support

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One of the main things victims require after an accident is support in every form. Aside from the legal procedures, the lawyers sit together with their clients and offer them the needed support.

Thanks to their expertise they know exactly how to approach the matter and show the victims that they can get back to normal as much as the situation allows. Also, they can focus on their personal healing with the knowledge that someone else takes care of their case.

Investigation

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Another detail you gain is a thorough investigation of what happened. The attorney’s team that’s usually comprised of experts, go over the whole situation and explore how the accident came to be.

After this, the client has sufficient knowledge and proof of the circumstances that led to it and who is to blame.

A Final Word

Are you in need of an accident attorney? Were these reasons enough to show you how important it is for you to hire one of these individuals to handle your case? Talk to us about everything here.