Personal Injury Resulting From a Car Accident
Personal injury presents when a person encounters physical or emotional harm due to another person’s negligence or malicious intent. If you are injured in a car accident, you may qualify for a personal injury claim. However, you must prove that you sustained the injury because of another person’s negligence.
Personal injury cases differ depending on the severity of the injuries, how long they last, and whether they result in a disability. Projected future medical expenditures, life support, and the amount of the medical bill are other factors determining how much a case is worth. Read on to know how to carry out a personal injury claim.
1. Hiring an Attorney
Contact an attorney immediately after an accident occurs to safeguard your rights. You win or lose a case based on evidence gathered by your attorney. They should collect evidence as soon as possible. This gives the attorney enough time to acquire witness statements before the time limits for filing a notice of a claim expire.
2. Importance of an Attorney
When an accident occurs, the other party’s insurance company ensures they minimize their insured’s fault and argue out the source and extent of the injuries caused. Hiring a professional lawyer to represent you upholds your rights and protects your claims from being subdued by a rival insurer.
A lawyer points out the negligence of the other party. Negligence is a party’s failure to act with the level of caution expected by the law from someone of ordinary forethought to guard others against unreasonable risk or harm.
3. Time Frame to Make and Settle Claims
Each state has different time caps for filing a personal injury lawsuit. These limits, known as the statute of limitations, range from thirty days to three years, depending on which party you sue. Claim settlement varies from case to case because you must first establish injuries that call for future medical treatment. You could miss long-term consequences of an injury, such as rehabilitation if the insurer settles your claim too early.
It is essential to wait for a complete medical report asserting the diagnosis and prognosis of the injury before case settlement evaluation commences. After handing in your demand to the insurance company, it takes 1-2 months to review it then the negotiation process begins.
4. Payment Terms
A reputable attorney represents you on a contingency fee basis. They will not ask for compensation unless your case is settled. In a motor accident, personal injury protection covers your medical bills, and your medical insurance pays any amount above the limit.