Legal Guide

Personal Injury Claims Tips

If you were injured due to someone else’s negligence, you might be considering filing a personal injury claim. Most people have never filed personal injury claims before, which is what the other party’s insurance adjusters count on. Insurance companies use various tactics to make you think your case is worth less, so you will accept a lower amount. That’s why you need to take every precaution, remember some useful personal injury claim tips, and have someone who can protect your rights.

Attorney Pitts Carr, who has been practicing law in Atlanta for the past 43 years, advises potential clients to seek legal assistance from fierce, level-headed advocates that can diffuse an otherwise tense situation.  In fact, those who have legal representation tend to recover 3-5 times more than those who don’t have representation.

The First Step to a Personal Injury Claim

One of the most important things you can do after being injured is to seek medical treatment. If you don’t have any injuries, you don’t have a personal injury claim. If you wait weeks to seek medical treatment, the at-fault party’s insurance will use that against you. They will allege that your injuries weren’t that severe or that something else caused your injury after your accident.

Even if you don’t believe you are seriously injured, it’s crucial to see a medical provider to confirm. You could have internal injuries you aren’t aware of without diagnostic tests. If your medical providers recommend a specific treatment plan, you need to follow it. Failure to adhere to your doctors’ orders could also hurt your claim.

Before you can present a demand for payment, you need an accurate assessment of your damages. Your medical providers will document your injuries and the treatments necessary for your recovery.

What Documents Should You Have?

Collecting the right evidence is necessary before the other party’s insurance will agree to pay you for any of your portion of your damages. In many personal injury claims, gathering evidence starts in the immediate moments following the incident. If possible, you should take photos at the scene. Get pictures of your injuries and the conditions. Depending on the type of claim, you may need to photograph vehicle damage, a hazard on the ground, etc.

In other personal injury claims, documenting the scene won’t be possible or applicable. For example, cases involving medical malpractice, a defective product, or the death of a loved one are different from claims for a car accident or slip and fall.

As part of the personal injury claims process, you need to present all the documents that prove your case. A bulk of your case documents will involve medical bills and treatment notes. Did you have any diagnostic studies like X-rays, MRIs, or CT scans? If so, you need those reports and bills. Include other medical-related documents like physical therapy reports, a specialist’s report on your need for future treatment, etc.

Include other documents that can support your claim as well. Those documents may consist of pay stubs, incident reports, police reports, repair estimates, death certificates, etc. If you retain the services of any experts, you will need a copy of their reports.

Types of Personal Injury Claims

Personal injury claims arise from a wide variety of accidents and events. Some of the most common personal injury claims include:

  • Auto accidents: If someone else’s negligence resulted in an auto accident where you were injured, you may have the right to bring a claim for damages.
  • Truck accidents: Being struck by a large truck can result in severe injuries, leaving victims with permanent disabilities in some cases.
  • Motorcycle accidents: These accidents differ significantly because motorcycle riders are so exposed in an accident that the end result is catastrophic injuries in some cases.
  • Pedestrian accidents: If you were a pedestrian hit by a motor vehicle, you could claim your injuries and pain and suffering.
  • Medical malpractice: When a medical provider breaches their standard of care, it may result in a medical malpractice claim. Birth injuries, failure to properly diagnose a patient, and leaving a foreign object during surgery are several examples of medical malpractice claims.
  • Negligent security: Property owners have a duty to keep their premises safe, including taking proper steps to keep their property reasonably free of crime.
  • Traumatic brain injuries (TBI): Traumatic brain injuries occur in accidents or events that cause a blow to the head, resulting in disruption of normal brain function.
  • Wrongful death: When a family member dies due to someone else’s negligence, intentional actions, or recklessness, you may have the legal right to pursue a wrongful death claim for your family’s loss.

Personal injury claims can arise from numerous other types of accidents and events. If you are injured because of someone else’s actions, you may have a valid compensation claim. To learn more about your rights, contact an experienced personal injury lawyer who can provide you with a case evaluation.

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