If you have been injured in an accident that took place due to someone else’s negligence, a whole procedure begins that may be slightly confusing. But most often than not, the personal injury case follows a reasonable and predictable path.
The process involves finding and engaging an attorney, comprehending the basic laws of personal injury, filing a complaint, collecting evidence, and trying to strike a settlement. The attorneys at Naqvi Injury Law ensure to make the entire process as simple and hassle-free for their clients.
In this blog, we will understand all about a personal injury case. This familiarity will help you know what is coming next and allow you to plan.
Hiring a Personal Injury Attorney
The first thing you must do after getting injured in an accident is to research and hire a good personal injury attorney. Doing so will offer several benefits, including less stress and more time to recuperate as a professional will take care of all the legal procedures on your behalf.
Understanding the Personal Injury Statute of Limitations
Every place has a different statute of limitations that places restrictions on how long a person has to file a lawsuit after being injured in an accident. This is to dissuade people from making claims for an injury that took place several years ago.
Once the statute of limitations has expired, an individual can no longer file a claim or pursue a lawsuit. So make sure to check this after the accident. In Nevada, personal injury claims have a 2-year statute of limitations.
Understanding a Personal Injury Claim
In case you are still wondering, a personal injury claim is a formal process in which the injured party seeks the rightful financial compensation from the at-fault party.
Typically, the process begins with sending a demand letter, in which the injured party formally requests the other party for the payment of all the damages caused. In case the insurance company refuses to pay or squeezes the payout, the case proceeds to the lawsuit stage.
Sending a Demand Letter
Almost every personal injury claim process begins with sending a demand letter. This letter includes the injured person’s argument to the insurance company and lists all the reasons why they must pay for the damages.
Filing a Complaint about a Personal Injury
After an accident, the injured files a complaint against the opposing party. This complaint serves as the official notice to the court as well as the at-fault party that a lawsuit is being filed.
In most cases, a formal complaint is filed against the insurance company. Also, it lists all the involved parties, the injured party’s legal claims, facts, evidence, and the court’s jurisdiction over the case.
Discovery Process of a Personal Injury Case
This stage involves discovering all the information about the case. Essentially, it includes gathering necessary evidence, investigating the claims, taking witness statements, and questioning the involved parties.
At this stage, your attorney will also gather medical bills, employment documents, police records, insurance reports, and more. All this helps to understand what happened during the accident and show the fault of the opposing party.
Claim Settlement
Finally, a negotiation takes place between your attorney and the insurance company of the opposing party. In most cases, the other party agrees to provide compensation for the personal injuries and damages caused. Once an amount is agreed upon, it is put into writing and the settlement is reached.
In case there is no settlement, the injured party can take the case to court. This is a taxing procedure that often requires the expertise of an experienced personal injury attorney.
