What Can I Expect from a Personal Injury Claim?

Following a serious accident caused by someone else’s negligence, you may find yourself wondering what comes next. What can you expect as you deal with the aftermath of your accident and the corresponding claim? How can you protect yourself?

By working with an attorney, you can get answers to many of your critical questions about what comes next as you move through your personal injury claim. However, you can expect several things as you manage your claim.

1. You will go through an investigation of your accident and your injuries.

When you suffer injuries due to another party’s carelessness or negligence, you may have the right to compensation for those injuries. However, the insurance company that covers the liable party will not just pay out that compensation automatically. Instead, you will need to go through an investigation to determine exactly how the accident occurred and the extent of your injuries.

The duration of the investigation may depend on the evidence available and the complexity of the accident’s cause.

Investigating the Cause of the Accident

The insurance company may want to look at everything that may have contributed to your accident. Suppose, for example, that you fell down a flight of stairs due to a broken handrail or uneven stairs that did not meet reasonable safety standards.

The insurance company and your lawyer may want to take a look at the stairs themselves as well as any maintenance history related to the stairs.

For example, the insurance company may want to know:

• Did the property owner know about the possible hazard?
• Did the property owner try to fix the problem?
• Did the property owner provide a label or warning of the hazard?

In addition, the insurance company may want to investigate whether you could have caused or contributed to any part of the accident.

Investigating the Extent of Your Injuries

In addition to investigating the accident itself, the insurance company may want to take a clear look at your injuries: what type of injuries you suffered, what type of medical treatment you needed for those injuries, and how your injuries will limit you long-term. A personal injury claim for broken bones, for example, may ultimately lead to less compensation than a personal injury claim for a spinal cord injury.

The insurance company wants to know several things about your injuries. First, the insurance company wants to know what injuries you suffered (and that you really suffered those injuries). Sometimes, injuries can prove difficult to fully establish.

For example, suppose that you have ongoing back or neck pain following a car accident or a fall. That pain can prove extremely limiting, preventing you from engaging in your normal activities or making it difficult for you to work, but diagnosing a specific injury may prove much more complicated. The insurance company does not want to have to pay out for treatments you did not receive or that you do not need.

Furthermore, the insurance company does not want to issue a settlement offer for pain and suffering that you did not face after the accident.

The insurance company may need to see:

• Your medical records
• A record of your medical bills
• Statements from a healthcare provider who has seen your injuries, and those like them, in the past

You may also need to go through an evaluation from a third-party medical provider: someone who has not seen you before, but who will assess the extent of your injuries and the limitations you pose, especially in the case of an injury that results in long-term disability.

2. You may need a lawyer to help you pursue the full compensation you deserve.

Dealing with a personal injury claim can prove extremely complicated. Many little elements can impact your claim. For example, as the insurance company investigates your injuries, the adjuster may take a look at your social media profiles and posts, or even try to engage you in conversation to determine your activities after the accident.

If the insurance adjuster determines that you have engaged in activities that your injuries should prevent, you may have more trouble attaining the compensation you deserve for those injuries.

A lawyer may offer multiple advantages to your claim. However, many people wonder just what to expect when dealing with a lawyer. When do you need one?

Contact an attorney if:

• You suffered injuries in any type of accident, including a car accident
• You receive a low settlement offer from the insurance company
• You have questions about your right to compensation, from how much compensation you actually deserve to how you need to deal with the insurance company

Most lawyers start with a free consultation.

A free consultation regarding your personal injury claim offers several advantages.

First, that free consultation can help you determine whether you have grounds for a claim and even how much compensation you might deserve for your injuries.

Second, it allows the lawyer to decide whether he wants to accept you as a client. You can also use the free consultation as an opportunity to evaluate lawyers and determine whether they may offer a good fit for your specific claim.

A free consultation can also offer you a no-risk way to learn more about your rights and decide if you need a lawyer to handle your claim.

Personal injury lawyers typically work on a contingency fee basis.

When you suffer serious injuries in an accident, you may deserve substantial compensation. Accessing that compensation, however, may prove more difficult than you think. Many people do not have the financial means to hire an attorney as they deal with the impact of serious injuries: high medical bills and inability to work, among others.

Instead of charging upfront, most personal injury lawyers work on a contingency fee basis. You will pay your lawyer a predetermined percentage of the compensation you recover for your injuries. In many cases, if the lawyer does not win your case, you may not have to pay anything.

Not only does that contingency fee give the lawyer personal investment in your case, it means that you will not face additional financial strain at a time when you already have more than enough to deal with.

3. Medical treatments or a lack thereof can make a huge difference in your claim.

In most personal injury claims, the extent of your medical bills will help establish the compensation you deserve for your injuries. Suppose, for example, that you suffer an injury that requires back surgery, which could cost as much as $150,000 to treat surgically.

In addition, you may have a long road to recovery ahead of you, including a hospital stay, the need for in-home care after you return home following the accident, and physical therapy to help you regain mobility. If you have permanent limitations from your accident, you may have to go through occupational therapy to help you learn how to cope with those limitations.

Not only do your medical bills serve as the foundation of your claim, your doctors’ reports can help show the severity of your injuries and, critically, when and where they occurred.

Your medical records can help establish liability for your injuries.

To pursue compensation through a personal injury claim, you and your lawyer will need to establish that your injuries occurred because of the negligence of another party. If you did not suffer those injuries in the accident caused by that party’s actions, you do not have the right to pursue compensation from that party.

Suppose, for example, that you had lingering back pain for several months, but did nothing about it. After a car accident, you decide to seek treatment. Because your injuries did not occur during the car accident, the driver that caused the accident does not bear liability for your car accident injuries and the treatment you receive.

On the other hand, if your back pain began with the car accident, you have the right to pursue compensation from that driver’s insurance company.

You can pursue compensation even if you did not get medical treatment immediately (but it may prove more difficult).

Sometimes, you might think that you did not suffer serious injuries in your accident, which could cause you to walk away from the scene and go about your day without pursuing medical care. Later, however, you may discover that you sustained serious injuries.

Take the back pain example above, for instance. You did not have back pain before your car accident. Afterward, you assumed that back pain simply resulted from getting jolted around during the accident and would resolve fairly quickly. When that pain failed to resolve, you sought medical treatment, only to discover that you suffered a herniated disc that may require surgical treatment or physical therapy to resolve.

You have the right to pursue compensation for those injuries. However, you may have a harder time establishing exactly when those injuries occurred, which can make the process more difficult. A lawyer can help you present evidence of when your injuries took place.

You should not avoid needed medical treatments or ignore your doctors’ instructions.

If you intend to pursue compensation for your injuries, you need to establish that you have done everything possible to aid in your recovery: that you did not engage in dangerous activities or skip needed treatments, worsening your injuries due to your own decisions instead of because of the accident directly. If you ignore your doctors’ instructions, you may find it more difficult to get the full compensation you deserve for those injuries.

4. The settlement process will take time.

Settlements do not happen quickly. You can expect a process, from investigation to negotiation and ultimately a resolution. Working with a lawyer can help give you a better idea of what to expect as you move through the claim process and pursue compensation for your injuries.

The insurance company may try to start with a (low) settlement offer.

The insurance company may try to move the process through quickly: before you even have a chance to recover from your injuries and get an idea of what your recovery will really cost. When accident victims suffer severe injuries, the insurance company will often try to get out ahead of the process and issue a settlement offer.

You may feel a lot of pressure both financial and from the insurance company to accept a settlement offer. However, that initial offer may reflect only a small percentage of the compensation you really deserve. By continuing to negotiate, you may recover additional compensation that can make your life much easier after the accident.

You have the right to negotiate with the insurance company for an offer that fairly reflects the financial losses you faced due to the accident, and you do not have to accept any offer that does not reflect your needs.

Most personal injury claims settle out of court.

Most of the time, insurance companies want to settle personal injury claims out of court if possible. Going to court means a greater overall expense, and often results in the insurance company having to pay out the amount it did not want to pay in the first place in addition to those court fees. However, claims that involve extreme injury and high-value claims may have a higher risk of going to court.

Handling a personal injury claim may prove complicated, and may leave you with a lot of questions. An attorney can help make that process easier.