If you suffered an injury caused by the negligent actions of another person,you may have reasonable grounds to file for a personal injury claim. Despite the numerous steps involved in a personal injury claims process,most claims get resolved before a case is filed in court. However,it is still important that you understand what the entire process is about so you can know what to expect.
Personal Injury Claim Process
The process starts with a demand which lays out your arguments supporting your claim for damages. The information should include reasons why the defendant is liable for the injuries sustained,medical procedures and corresponding expenses,income lost due to inability to work,and other damages suffered,such as lack of sleep,strained relationships,emotional suffering,and the like.
Approved or Denied Claims
The insurance company can either decide to pay the claim or deny it. A denial of a claim could be due to a number of reasons. Your insurer may conclude that the accident was the injured party’s fault,the evidence presented didn’t warrant a claim,the injuries were not caused by the accident,among others.
Formal Complaint in Court
If the insurer denies your claim,you can work with yourlegal help with an injury to file a formal complaint with the court. This complaint is often filed against the insurance company,but it can also be directed at any other private entity involved in the accident. Once the complaint is filed in court,you have 30 days to serve the complaint to the other party. The other party is given 30 days to respond to this complaint. If they fail to respond within this time,the court can render a default judgment in your favor.
Filing a complaint,whether it’s with your insurance company or the court can be intimidating because it is a complicated legal process. However,yourpersonal injury attorney can help you navigate all the legal twists and turns so you can understand the process and comply with all requirements to increase your chances of a favorable outcome.