Learn How Personal Injury Claims Are Resolved in 5 Steps

Published on: 26 October 2018 Last Updated on: 19 July 2019

It’s a fact that no one wants to go through a personal injury claim. Whether you’ve filed the case, or someone has filed against you, having to face a personal injury claim means someone was hurt due to someone else’s negligent actions and both sides will have to face the uncomfortable and challenging task of going through a legal claim.

If you’ve never gone through a personal injury claim, you’ll want to touch base with an experienced litigation attorney like those at derricklawfirm.com who can help guide you through what to expect.

While your attorney will be able to give you more accurate information about your specific case. Here is a general overview of how personal injury claims are resolved.

1. opening a claim:

The first step in any personal injury claim is to open the actual claim. This means that you will open a claim with both your insurance provider and the insurance provider of the person responsible for your injuries or the damages to your property. This can be known as a pre-action protocol, and it will also be the time that the person you are filing the claim against will be notified. Most often, they will pass this information along to their insurance company who will deal with the claim on their behalf.

Usually, insurance companies or the defendant will have a few months to investigate the accident and accept or deny legal responsibility.

2. Gather medical evidence:

When liability is accepted, you’ll need to show how injured you were from the accident. This means that you will need evidence of the treatment you received. Sometimes, this can be as simple as getting hospital records, or it may take some time if you need to see specialists. Photographs of your injuries are an essential piece of evidence, as is how much help you needed while you were injured. This could mean having to hire medical care workers, or even just having friends and family help out around the house.

3. Receive and complete medical treatment:

If you have suffered any injuries resulting from the accident, then it’s important to seek medical attention or be assessed promptly by your family doctor. Any treatment suggested should be followed and completed. This can take months since insurance companies usually want to see maximum medical improvement before assessing your claim.

4. Submit a demand package:

Your demand package is a comprehensive document that details your injuries, the expenses incurred due to those injuries, and how a trial would be presented if it went to court. It may also include documents regarding lost wages, financial damages, and medical bills.

5. A settlement:

You can get a decent settlement package if your demand package is strong and shows clearly the state of your injuries and the connection to the person who injured you. A favorable settlement will mean the resolution of your case if you can agree to the amount between you, the person who injured you, or their insurance company. If you decide on a settlement, you avoid having to go to trial. However, you should be careful not to accept the first number given to you if it’s not what you were expecting. Your attorney can help guide you further in those situations.

What if the defendant denies liability?

If the defendant denies liability, you may have to go to court to have it decided by a judge in court. This can happen if it wasn’t apparent as to who was at blame or the officers didn’t place blame while at the scene of the crash. If this occurs, you will need to speak to witnesses of the accident. This is why it’s always recommended that you get the contact information of any witnesses who saw the crash.

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Along for the Ride: Passenger Rights in Vehicle Accidents

Although we are aware of the risks, driving is just a routine activity many of us do automatically, like brushing our teeth or grabbing a cup of coffee. We climb in the car intent on the destination or lost in thought, which is why automobile accidents are so jarring. Even a mild fender bender seems to stop everything in its tracks, instantly negating the importance of everything we were thinking or saying. Whether the situation results in serious injuries or none at all, it demands immediate attention. Passersby jockey to catch a glimpse of something interesting; police officers fill out reports; tow trucks haul away damaged cars. Sometimes, there aren’t even minor injuries, but, obviously, not everyone is so lucky. Trusting ourselves is one thing. Trusting someone else is entirely different. Every time someone gets into a passenger seat or the back seat, they're trusting that the driver will get to the destination safely. Some passengers are happy not to have the responsibility of driving; others have a hard time giving up control. Regardless of your feelings, where does that leave you if you're injured in a vehicle accident? The accident certainly wasn't your fault, so what exactly are your rights as a passenger? Recovering for injuries suffered as a passenger in a car, truck, or motorcycle accident is really a claim against an insurance company rather than against the driver himself. Passengers can file a claim under the bodily injury or liability insurance coverage of the driver or owner of any vehicle responsible for causing the accident. If that is insufficient, there may be coverage available under uninsured motorist or underinsured motorist policies. Injured passengers are also allowed to file a claim under their own Personal Injury Protection (PIP) and/or Medical Payments (Med Pay) policies. With all these funding possibilities, passengers should be able to secure compensation for their damages, though in no instance are they allowed to collect any more than the total value of their claim. Many passengers are initially reluctant to seek compensation for damages because the driver is a close friend. It’s important to note that in most situations, the driver will not even know of the claim because it will be settled by lawyers and insurance companies before it gets to trial. The strain on any personal relationships should be minimal unless the insurance company does not act in good faith to resolve the claim and it must be litigated instead. Even at that time and although the driver will be named in the lawsuit, the true conflict is between the driver’s insurance company and the passenger. There are special rules that apply when the passenger is related to the driver and shares the same household. In most of these cases, the passenger is barred from collecting under the driver’s liability policy because he or she is an “insured person” and such persons are not permitted to file a liability claim against their own liability policy. A claim can still be brought against other drivers who are at fault for the accident. Read also: TIPS TO KEEP YOUR KIDS SAFE IN A CAR The seat next to the driver has a reputation for being the most dangerous one in the car, even having been referred to as “the death seat.” Of course, it is more common to have one passenger than several, so the front seat is occupied more frequently than the rear seats. There is also some truth to the idea that in a crash a front seat passenger has nothing to stop him or her from being ejected through the window, whereas the driver has the steering wheel. Or, at least, that used to be the prevailing line of thought. The last few decades have brought about major advances in safety that have reduced the probability of being seriously injured while riding in the front seat. Seat belts, airbags, and crumple zones equally benefit drivers and front-seat riders. According to a study by the Insurance Institute for Highway Safety (IIHS) and the Children's Hospital of Philadelphia, adults over age 55 were more likely to die in a crash while seated in the back than in the front – even if they were wearing seat belts. The study found that adults in the rear were more likely than adults in the front to sustain chest injuries, and there was some evidence of an elevated risk of head and neck injuries for restrained women seated in the rear compared with the front. The IIHS also recently performed front-overlap crash tests of seven small SUVs and found that certain models may have a big gap in safety between drivers and their passengers. The seven models received good ratings after the front driver's side corner of the vehicle hit a barrier at 40 miles per hour, but only one model – the 2016 Hyundai Tucson -- rated as good when the same test was performed on the front passenger side. While three models received acceptable ratings and two models received marginal ratings, the 2015 Toyota RAV4 was rated as poor. The IIHS suspected that the difference was partly due to a greater emphasis on the vehicle frame and structure for the driver's side, but there is no excuse for inferior passenger protection. Read also: How To Shop For A Car With Your Teen Driver? If you were a passenger in a vehicle involved in a collision and were seriously injured as a result, or if you lost someone you love in such an accident, you should contact an experienced personal injury lawyer who can examine the circumstances of your case and advise you of your rights. Personal injury attorneys work on a contingency fee basis, which means you don’t pay them unless there is a settlement or verdict in your favor. Passengers with serious injuries are entitled to appropriate and thorough medical care for their physical, emotional, and psychological injuries suffered as a result of the accident, as well as full compensation for their pain and suffering, mental anguish, property damage, and lost wages. It is also critical that you at least consult with an attorney before speaking with an insurance company investigator or adjuster. Their job is to spend as little money as possible while quickly settling a large number of claims, and they are well-trained in the fine art of getting you to make statements that can come back to haunt you later. Since you are bound by what you say, it is often wise to let an attorney speak for you.

How to Handle a Denied Truck Accident Claim

Facing the aftermath of a truck accident can be an overwhelming experience, especially if your insurance claim has been denied. Understanding the steps to take following such a denial is crucial for protecting your rights and ensuring you receive the compensation you deserve. Understanding Your Claim Denial When an insurance company denies your truck accident claim, it's essential to understand the reasons behind this decision. Common reasons for denial include disputes over liability, lack of evidence, or policy exclusions. It's crucial to review the denial letter carefully and note any specific reasons provided. Gathering Additional Evidence After understanding the reasons for the denial, the next step is to gather additional evidence that supports your claim. This may include police reports, witness statements, medical records, and any photos or videos of the accident scene. Such evidence can be pivotal in challenging the insurance company's decision. Reviewing Your Insurance Policy It's also important to review your insurance policy in detail. Understanding the coverage, limits, and any exclusions can provide insight into why your claim was denied and how to address the issue. Filing an Appeal If you believe your claim was unjustly denied, filing an appeal is your next step. This involves submitting a formal letter to the insurance company, outlining why you believe the denial was incorrect, and providing additional evidence to support your claim. Understanding the Appeals Process The appeals process can be complex and time-consuming. It's crucial to adhere to all deadlines and requirements specified by your insurance company. Being organized and thorough in your appeal can increase your chances of a successful outcome. Seeking Legal Assistance Navigating the appeals process can be daunting, especially while recovering from an accident. Contacting a Gainesville Truck Accident Attorney from Meldon Law can provide you with the expertise and support needed to challenge the denial effectively. Legal Action After a Denied Claim If your appeal is unsuccessful, taking legal action may be necessary to pursue the compensation you deserve. Filing a lawsuit against the insurance company or the party at fault for the accident can be a complex process that requires a deep understanding of personal injury and insurance law. Understanding Your Legal Options A qualified attorney can help you understand your legal options and the best course of action based on the specifics of your case. They can also represent you in court, if necessary, and work tirelessly to secure a favorable outcome. The Importance of Timely Action It's important to act quickly after a claim denial. There are statutes of limitations that limit the time frame within which you can file a lawsuit. Consulting with an attorney as soon as possible can ensure you don't miss any critical deadlines. Preventing Future Claim Denials To prevent future claim denials, it's essential to understand the common pitfalls in the claims process and how to avoid them. Ensuring prompt and accurate reporting of the accident, thoroughly documenting your damages and injuries, and adhering to your policy's requirements can mitigate the risk of a denial. Staying Informed About Your Policy Regularly reviewing your insurance policy and staying informed about any changes or updates can also help prevent misunderstandings and ensure you have the coverage you need. The Role of Legal Representation Having legal representation, especially in complex truck accident cases, can provide you with an advantage. An attorney can help ensure your claim is filed correctly and advocate on your behalf throughout the process. What are the general reasons For Truck Accident Claim Denials? Did you know there might be several reasons the truck accident claims were denied? Below are the reasons why the truck accident claim was denied. 1) Lack Of Sufficient Evidence One of the most common reasons for truck accident claims being denied was because there was inadequate evidence. Insurance companies require documentation such as medical reports, police reports, and witness statements toto evaluate claim validity. They need to compile the accident evidence to deny or refuse your claim. 2) Missed Deadlines If you fail to file the insurance claim, this can result in denied insurance. It is also crucial to be aware of and adhere to such deadlines to avoid unnecessary complexities. 3) Disputes Over Liability Insurance companies might dispute liability, especially in cases where the fault is unclear. Furthermore, if the insurance company believes you have shared some responsibility for the truck accident, they might refuse or reduce the claim’s importance. 4) Inadequate Coverage If the fault party of the insurance policy doesn’t have sufficient coverage to compensate for your insurance losses, this would lead to the denied claim. In this case, your insurance policy might come into play. But this can still be a complicated procedure. 5) Policy Exclusions Some insurance policies have exclusions. This might not cover such specific accidents or even damages. This is essential to review your policy and understand the limitations. What are the things you must understand about truck accident claims? Before looking into why your truck accident claim might get denied, this is most important to understand how truck accident claims work. Here are the things that you must know regarding the truck accident claims. 1) Medical Expenses Did you know that medical expenses refer to the costs for diagnosing, rehabilitating, and treating injuries sustained in any accident? These expenses include doctor’s visits, surgeries, prescription medications, etc. In the context of personal truck injury, this will result in several things, such as accidents, medical expenses, car repair expenses, etc. 2) Pain and Suffering Have you heard about pain and suffering, which describe the emotional and physical distress experienced by the individual? This will result in an accident, injury, or other harmful events. This encompasses both the emotional and physical trauma endured due to the truck accident. Pain and suffering damages are less straightforward than medical expenses or lost wages. But they are crucial in personal injury claims. 3) Lost Wages Did you know that lost wages refer to the income that an individual can’t earn due to illness, injury, or other circumstances that will prevent them from further working? If someone sustains an injury in any accident, they might miss work days or experience a reduced capacity to hold the job. This will result in the loss of income. 4) Property Damage Another thing that needs to be kept in mind is property damage. This will cause you personal property damage due to an accident, natural disaster, or other adverse events. Furthermore, this will also damage vehicles, personal belongings, or other assets. Conclusion Dealing with a denied truck accident claim can be frustrating and disheartening, but it's important to remember that you have options. By understanding the reasons for the denial, appealing the decision, and possibly pursuing legal action, you can fight for the compensation you deserve. Remember, contact a Gainesville Truck Accident Attorney from Meldon Law when you are in need of guidance and support needed to navigate this challenging process. Read Also: Calculating Damages In Truck Accident Claims: Evaluating Medical Expenses, Lost Wages, And Pain And Suffering When Health Meets The Law: Coping With Truck Accident Injuries Truck Accidents: Determining Fault By Location Of Damage

Motorcycle Accident Attorney: Ask When You’re In An Accident

When it comes to hiring a trusted and reputable motorcycle accident lawyer, you have to choose one who is qualified, experienced, and familiar with your local personal injury law or tort law, specializing in motorcycle accident cases. However, when you’re in the actual situation, it can be tough to choose a lawyer if you’re not prepared. When you’re in an accident, you need to contact a motorcycle accident attorney right away after ensuring that you’re safe. In this post, you’ll learn the relevant questions to ask when you’re in a motorcycle accident. Can You Come Over the Place of Incident? You’ll prove that a motorcycle lawyer is earnest in helping you by asking this question. This is why it’s crucial to choose one who is locally available or located in your area. No matter how busy the lawyer is, your situation is considered an emergency. A willing motorcycle accident lawyer will say ‘yes’ or try to send a legal representative to answer your questions in case the attorney is in the middle of an important meeting or unable to come. What Should I Do After a Motorcycle Accident? The things you’ll do after a motorcycle accident will have a significant impact on getting the maximum compensation benefit you’ll receive for your damages. Your motorcycle attorney should know what specific actions can hurt or help insurance claim settlements and jury verdicts. Here’s what a motorcycle accident lawyer usually suggests to help protect your interests after an accident: Seek medical attention immediately. More than anything else, your health and safety should be your priority. The common injuries associated with a motorcycle accident include burns, disfigurement, fractures, spinal cord injuries, and brain injuries, and the hospital or emergency room staff should document all of these. Don’t talk to any representative of an insurance company. After receiving medical treatment, you can contact your lawyer to discuss your case. Do I Need to Make a Statement to the Police? Don’t give your side of the story or any statements to the police without your lawyer. Insurance companies usually combine data to police reports as evidence to point out that the rider might be at fault, thus reducing or denying compensation benefits. Tell the authorities that you can’t make any statements because you need to seek immediate treatment for your injuries. It’s your right to remain silent and refuse to give a statement, most especially if you’re still in a state of shock or confusion. Do I Need to Take Pictures of the Accident? A motorcycle accident or any road crash can be chaotic. Taking photos is critical after ensuring your safety because pictures are compelling evidence. Motorcycle accident photos documenting the damages and injuries can make a big difference between an unsuccessful and a successful insurance claim. Here are the essential benefits of taking motorcycle accident photos: Show the contributing factors that led to the accident Show the extent of damages and injuries that you suffered caused by the collision Show details that can prove the relevance of your claim, like witnesses and posted traffic signs Remind you of the smallest details of the incident that you’ve forgotten Evidence to substantiate the fault or mistake of other parties and your injuries How Should I Take Motorcycle Accident Photos? Since you know how essential taking photos of the motorcycle accident scene is, it’s also important to ask your lawyer what pictures to take to be accepted as good evidence. Here are some suggestions from expert motorcycle accident lawyers: Take photos of property damages, including external and internal damages to all vehicles involved, damage to road signs and roadways, and buildings or objects. Capture multiple shots of the motor accident damage, including debris, skid marks, and pedestrian lanes. Take pictures of your bruises, wounds, and other injuries. Take pictures of nearby traffic signs that can present clues in reconstructing how the motorcycle accident happened. Photograph police officers, the other driver, passengers, and witnesses to help you recall the people you’ve dealt with after the accident. Take pictures of the license plate number and the make and model of the other vehicles, including the driver’s license, registration information, and insurance of the other driver. Conclusion: You can recover the full compensation that you’re entitled to by immediately contacting a motorcycle accident lawyer to ask the right questions when you’re in an accident. A successful claim depends on the things you do and don’t do after the accident. A motorcycle accident lawyer will guide you on the next steps to ensure your rights and best interests are protected. Read Also: The 5 Most Important Motorcycle Safety Tips All Riders Need To Know Things About A Personal Injury Lawyer How To Find Best Car Accident Lawyer Near You How To Get An Accurate Valuation Of Your Motorcycle When Selling Things To Consider Before Buying Your First Motorcycle 5 Types Of Damages You Can Claim After A Car Accident How To Find A Personal Injury Attorney On Any Budget Don’t Battle It All Alone: 5 Reasons Why You Need An Adoption Attorney Featured Image: stowmanlaw.com

Learn How Personal Injury Claims Are Resolved in 5 Steps

1. opening a claim:

2. Gather medical evidence:

3. Receive and complete medical treatment:

4. Submit a demand package:

5. A settlement:

What if the defendant denies liability?

Top 7 Reasons to Hire a Private Detective Agency During Divorce Cases

5 Types of Damages You Can Claim After a Car Accident

Content Rally

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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Along for the Ride: Passenger Rights in Vehicle Accidents

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Motorcycle Accident Attorney: Ask When You’re In An Accident

Learn How Personal Injury Claims Are Resolved in 5 Steps

1. opening a claim:

2. Gather medical evidence:

3. Receive and complete medical treatment:

4. Submit a demand package:

5. A settlement:

What if the defendant denies liability?

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Top 7 Reasons to Hire a Private Detective Agency During Divorce Cases

5 Types of Damages You Can Claim After a Car Accident

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

Leave a Reply

Popular

Follow Us

Recent

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