In most cases, insurance companies are responsible for settling personal injury compensation claims, which involves a legal process best handled by personal injury lawyers. It is much more than just filing a claim. The process requires huge documentation to substantiate the claim and evidence lined up to establish the claim in the right perspective that increases the chances of receiving the compensation you deserve. It involves extensive negotiation with the insurance companies, followed by an investigation of your claims. Despite going through the process, the insurance companies will try to lower your claim and use various tactics to undermine the seriousness of the case that only your personal injury lawyer can prevent by countering it legally.
In this article, we will discuss how you can substantiate your claim and improve the chances of higher recovery for damages and sufferings.
Gather information and evidence
Even before you can reach out to a personal injury lawyer, start gathering information and evidence soon after the accident. Take pictures of the accident scene and the surroundings so that it helps to pinpoint the damages, call the police to record the incident officially, and seek medical assistance for the injured. Remember that saving lives is the most important. Collect copies of all documents from the police report to medical records and bills and statements of witnesses as recorded at the accident site.
Proving who was at fault
It is not enough to show that the injuries occurred due to the accident, but it is more important to establish that the accident happened due to the fault or negligence of another party. Only when you can prove the fault of the other party that you have a strong ground for claiming compensation. While the medical records can help establish the seriousness of injuries unless you can prove the fault of the offending party, you do not have a case. The person at fault had a legal responsibility of ensuring the safety of others while driving, and that the person had erred and been, negligent must be proved comprehensively to win the case. Using the police report, statement of the witnesses and pictures, and videos, your personal injury lawyer can build the case in your favor.
Timeframe for filing claim
Timely submission of claim ensures the following of due process because filing the claim too early can impact the results. File the claim when your injuries and the medical condition becomes stable. In legal parlance, it is known as a maximum medical improvement. Doing it early would leave out bills or expenses that you continue to accumulate even after filing the claim. Seek settlement only when you are sure about the completion of the medical treatment unless it continues for life.
Check the statute of your state to know the timeframe for filing a personal injury compensation claim. Each state has its timelines to prevent claimants from waiting too long to file their claims. However, you must file the claim within the allowed time, which can be as much as two years as it happens in some states.