Accidents of any variety can happen at any time; whether it’s a car related accident, or work related, it can create a lot of unrest and anxiety as well as a long recovery time that can knock you off balance and leave you feeling both isolated and depressed. You may feel withdrawn and unable to socialize, friends and family may not fully understand and this can lead to unwanted stress in your life.
You are completely within your right to file for a claim following any type of injury. Not only can it have a negative effect on your health, but it can also lead to having to take time off work. You should certainly look into a personal injury law firm that can assist you with a claim and assist you with why you should make the claim and the type of information they may need from you.
If you sustained injuries in a car accident where it was not your fault and someone else was to blame for the accident, you have total right to file for financial compensation. You will possibly not have to go to court at all and it will mostly be settled via your lawyers. In a lot of cases, other person’s insurance company will negotiate and it will be their responsibility to make the payment to cover the fees.
Sometimes the insurance companies do not agree, but if this happens, the case will be further assessed and some of the things that they may look at could be related to the intricacies of your case and how it has impacted your life and the type of injuries you have:
- The nature of the accident and extent of your injuries, such as broken bones or whiplash
- The value of your claim
- The complexity of anything, where you were, and if any other factors were at play such as weather, poor car maintenance, witnesses etc.
- The strength of your case and how reliable the information is.
Will It Take A Lot Of Time To Claim? This can depend but it’s important to not remain greedy or in a hurry to get your compensation. Some insurance companies may want to settle personal injury claims as soon as possible so they can take on more cases, but you must remember that they are working for you and a lot of times, claims take time. Don’t worry if it takes months, lawyers are most likely trying to negotiate the best deal which does take time.
How Does The Negotiation Process Work?
Negotiations can be settled through numerous ways and to settle a personal injury case there is usually an offer of financial settlement which is made by the defendant or your lawyer, or even by you but the latter is usually not as common.
An offer to settle a case can happen on any timescale and generally this may happen once all the evidence has been found and collated and that both parties have been able to give their statements and the evidence in the case has been gathered. You do not need to attend any court dates, and so you must also be sure that when the claim comes through, that you are sure that the offer is as accurate as you would hope and you are getting the compensation you truly deserve. Think about your injuries, and the physical and mental impact it has had on you and perhaps on your family and friends also.
In some cases, your lawyer may advise you to make an offer which sounds scary but they will walk you through things as it’s perfectly ok to not fully understand how the system works. You will also be advised on whether to accept or reject an offer; however, the final decision is yours to make. Don’t be afraid to change it up to a better sum of money, after all, you may have had to pay out on physio costs, lost work or struggled to catch up with bills if you’ve taken time off work; look at the actual costs.
The Process In More Detail…
Here is the process in three stages; all of which will happen in this order and should make the process easier to digest in your mind:
- Investigations into the accident: Once you file a claim, the insurance company of the accused driver will assign someone to investigate the case. The evidence that they will probably look at will depend upon the type of accident as of course there are many variations. They will look at the fairness of the claim, to see who was truly at fault and if there are any witnesses. They will ensure that your medical records are in line with the type of accident and verify that your injuries are consistent. Keep your own detailed records and journals; that is important. This can provide additional evidence.
- Settlements and negotiations will begin: After the accident has been investigated, soon after, there will applicable policies, and medical information will be looked at, and they will soon look at making an offer based on the type of injury and accident. If you do not agree that the amount offered is what you expected, you can then enter into negotiations. This is a relatively common practice and it should not affect the claim, but be prepared to be patient. Don’t leave too early and take a claim settlement that isn’t right.
- Accepting a claim or filing for a Lawsuit: When the negotiation process is complete and successful you will be entitled to your settlement that can be paid out. However, if an agreement cannot be reached, you can file for a new settlement that may go to court.
So if you are thinking of making a claim, be sure that you have all the necessary information before you make the claim. Don’t be put off by claiming, this is a guide to ensure you are making the right decision for you and regaining your confidence and happiness once again.