Personal injury law exists to compensate individuals who suffered injuries at the fault of another party. People can suffer serious and costly injuries in many different ways. Sometimes, accidents just happen, while many other accidents occur because of someone else’s negligent or reckless conduct. If another party was responsible for causing your injuries, the law gives you the right to seek compensation for your many losses, though this process of filing a successful claim can be more complicated than you might think.
Below is a brief overview of how the personal claim process works. To discuss your specific case, please reach out to our experienced Austin personal injury attorneys for help today.
After an Accident
The personal claim process starts right away, as you can start taking steps to protect your rights immediately after an accident and injuries. While an accident can be unsettling, and you might be shaken up, it is important to remain calm and remember the following:
Call 911 - Many people go back and forth on whether they should call 911 after a traffic crash or another type of accident. It is a good idea to do so for several reasons. First, if you suffered obvious injuries, the emergency medical technicians (EMTs) can arrive and assess your condition. EMTs might suggest that you ride in the ambulance to the hospital, and you should heed their advice.
The police should also come to the scene of the accident, and part of their job is to determine whether one party engaged in unlawful conduct to cause the accident, such as drunk driving. A subsequent arrest or citation can help prove fault for the accident later on.
Get medical attention - As mentioned, allow the EMTs to transport you if needed. However, even if you do not need emergency transportation, you should still head to the emergency room (or your doctor’s office if possible) right away following the crash if you are showing any signs of an injury. A quick diagnosis can help both your health and your injury claim.
Start gathering information - While you are at the accident scene, make sure to get information about the parties involved and their insurance coverage. If an accident happens at a business - such as a slip and fall - report the incident to the manager and obtain their information. Take pictures of the scene, including any property damage, possible cameras that caught the accident, and other conditions that seem relevant to the accident.
Filing an Insurance Claim
Once the initial shock of the accident settles, and your injuries are stable, you will want to begin the claim process. This starts by having an experienced personal injury lawyer in Austin evaluate your rights. If an attorney believes you have a case, they can prepare an insurance claim to file with the insurer of the at-fault party.
This process involves:
- Determining all potentially liable parties, which can be individuals, companies, or both
- Calculating your damages, which include your expenses for past and future medical care, lost income, pain and suffering, and more
- Preparing a claim to submit with evidence of liability and your losses
Once a claim is filed, the insurer will make a settlement offer, which your attorney might determine is insufficient. Your lawyer can then negotiate with the insurer for the full amount you deserve. Insurance companies are more likely to adequately settle a claim if a claimant has the right legal representation.
Filing a Personal Injury Lawsuit
Some insurance companies refuse to offer enough to cover your losses, so your attorney might need to prepare and file a personal injury lawsuit to file in civil court. This begins the litigation process, which is complex and time-consuming. Settlement negotiations will continue throughout litigation and, if no settlement agreement is reached, your lawyer will represent you at trial. The large majority of injury cases settle prior to trial, however.
Consult with Our Austin Personal Injury Lawyers Today
The personal injury claim process can be challenging, and you do not need added stress or concerns on top of your injuries. Let the Austin personal injury law firm of Terry & Kelly, PLLC, handle the claim process for you. Contact us online or call (512)-910-2000 for your free case evaluation.
Company Name: Terry & Kelly, PLLC
Contact Person: Trent Kelly / Jim Terry
Phone: +1 512-910-2000
Country: United States