Guide on How to Process Personal Injury Claims

Car accidents come to mind when most people think of personal injury attorneys. But personal injury lawyers help people who have been hurt in various ways. If you've been injured because of someone else's negligence, you may be able to file a personal injury claim.

There are many personal injury claims, but most fall into three main categories: car accidents, slip-and-fall accidents, and medical malpractice.

In this blog, you will learn how to process injury claims and understand the injuries considered personal injuries.

Injuries that Personal Injury Law Includes

Have you ever suffered injury as a result of a mishap? If so, then you may be familiar with personal injury law. Personal injury law is a branch of civil law that allows people to seek compensation for injuries they have suffered due to the negligence of another person or entity. The following are the injuries that personal injury law includes:

a destroyed black car on brown sand during daytime — photo by **Karl Solano**

Auto Accidents

Accidents in cars are seldom something people anticipate. But unfortunately, they happen every day. And when they do, it's essential to know that personal injury law considers them to be personal injury. That means that if you or someone you love is hurt in an auto accident, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.

Slips, Trips, and Falls

Slip, trip, and fall accidents can occur almost anywhere, from a friend's house to a grocery store. And while they may seem like minor accidents, they can often lead to severe injuries. Under personal injury law, slip, trip, and fall accidents are considered a type of personal injury. This means that if you've been injured in one of these accidents, you may be able to recover damages from the person or business responsible for your injuries.

Premises Liability

Premises liability is an area of personal injury law that considers whether a property owner is responsible for injuries occurring on their property. If it is determined that the property owner is liable, they may be required to pay damages to the injured party. There are a variety of factors that can contribute to a premises liability case, but one of the most common is negligence.

yellow caution tape in front of a personal injury accident scene — photo by **Zoi Palla**

Construction Site Accidents

Construction sites are inherently dangerous places. There are large machinery, power tools, and heavy equipment everywhere. There is also a lot of movement and activity, which can create hazardous conditions. Unfortunately, accidents happen frequently on construction sites. Workers can be seriously injured or killed if they are struck by falling objects, crushed by heavy equipment, or electrocuted by exposed wires. Personal injury law recognizes construction site accidents as a type of personal injury.

Medical Malpractice

Medical malpractice is a type of professional negligence where the health care provider deviates from the accepted standard of care, resulting in injury or death to the patient. In personal injury law, medical malpractice is considered a sub-category of personal injury. To win a medical malpractice case, the plaintiff must prove that the health care provider breached their duty of care to the patient and that this breach resulted in the injury or death of the patient.

Product Liability

two paramedics carrying a dead person's body on a stretcher — photo by **Isaac Quesada**

Every time you purchase something, you have certain expectations. For example, you expect your kitchen appliances to function correctly and without danger. Unfortunately, not all products live up to these expectations, and the results can be disastrous when they don't. Product responsibility becomes relevant in this situation. Product liability is a type of personal injury law that holds manufacturers and sellers responsible for injuries caused by defective or unsafe products.

Wrongful Death

It's never simple to come to terms with death. It could be tough to deal with if someone else's negligence caused the death. This is where wrongful death comes in. Wrongful death is a type of personal injury claim that can be filed when someone dies due to another person's negligence.

a dog biting the right leg of a person — photo by **Dasha Urvachova**

Dog Bites

Dog bites can be a severe type of personal injury, both physically and emotionally. According to the U.S. Centers for Disease Control and Prevention (CDC), about 4.5 million dog bites occur annually, with about 20 percent of those requiring medical attention. And while most dog bites are not fatal, they can still cause serious injuries, such as puncture wounds, lacerations, scarring, and even nerve damage. In addition, dog bites can also lead to emotional trauma, particularly in children.

Others

Personal injury law also considers police misconduct, battery, assault, and the infliction of emotional distress as types of personal injury. Police misconduct can involve excessive force, false arrest, racial profiling, and sexual assault; Battery is the unlawful touching of another person without that person's consent; Assault is the intentional placing of another person in fear of imminent bodily harm.

The infliction of emotional distress occurs when someone intentionally or recklessly causes severe emotional pain to another person. False accusations - defamation of character by libel or slander - can also be considered personal injury. If you've been the victim of police misconduct, battery, assault, or the infliction of emotional distress, you may be able to file a personal injury lawsuit to recover damages.

Step-by-Step Guide in Filing a Personal Injury Claim

What are Personal Injury Claims? Personal injury claims are one way to recover damages after being injured in an accident. Medical costs, missed pay, and pain and suffering are all damages. Here is a quick guide to your injury claims process:

1. Obtain medical care

The first step in filing a personal injury claim is to obtain medical care. This step is significant because it provides documentation of the injuries sustained and the treatment required. It also helps to establish the causal relationship between the accident and the injuries. Without medical documentation, it may be hard to prove that the accident caused the injuries.

2. Prepare documentation

Documentation is a vital step in filing a personal injury claim. This documentation serves as evidence to support your claim. Without proper documentation, proving that you were injured and that the other party is at fault may be challenging. It is essential to take the time to gather all of the necessary documentation to ensure that your claim is successful. This may include medical records, police reports, witness statements, and photos or videos of the accident scene. By taking the time to prepare this documentation, you will be giving yourself the best chance possible to receive the compensation you deserve.

two men during a clinical counselling — photo by **LinkedIn Sales Solutions**

3. Get a legal advice

Before filing a personal injury claim, you must clearly understand the legal process and your rights. The best way to get this information is to speak with a qualified personal injury lawyer. A lawyer will be able to review your case and help you determine whether you have a valid claim. They can also help you understand the necessary steps for filing a claim and ensure that your paperwork is in order. In addition, a lawyer can provide invaluable support and guidance throughout the legal process. This step is critical to increasing your chances of success when filing a personal injury claim.

4. Investigate the accident and injuries

When you're involved in an accident, it's significant to take the time to investigate what happened and how it happened. This step is essential in filing a successful personal injury claim. By understanding the circumstances of the accident, you can build a strong case that will convince the insurance company to offer you a fair settlement. Furthermore, investigating the accident will help you identify any potential witnesses who can support your version of events.

5. Establish negligence

This can be done by showing that the defendant owed the plaintiff a duty of care and that they breached this duty, which resulted in the plaintiff suffering an injury. Establishing negligence is vital because it allows the plaintiff to recover damages from the defendant. Without negligence, the plaintiff would not be able to prove that the defendant was at fault for their injuries and would not be able to recover any compensation.

6. Serve notice of claim

One of the most significant steps in filing a personal injury claim is serving notice of claim. This step ensures that the at-fault party is aware of the accident and the injuries sustained. It also allows the victim to begin the process of gathering evidence and building their case. Without serving notice of claim, many victims would never even know where to start in filing a personal injury claim.

Thankfully, this step is relatively simple and can be done by anyone involved in an accident. All you need to do is fill out a short form and send it to the at-fault party via certified mail. Once they receive the record, they will have 21 days to respond. You can proceed with your claim without them if they do not respond within that period. While serving notice of claim may seem like a small step, it is one of the essential steps in filing a personal injury claim. By taking this step, you will be well in getting the justice and compensation you deserve.

two women sitting beside table and talking — photo by **Christina @ wocintechchat.com**

7. Begin settlement talks

During settlement talks, one of the most important things to remember is, to be honest about your injuries and their severity. It's also important to be realistic about the amount of money you seek. The insurance company will likely try to lowball you, so it's essential to have a firm number in mind before negotiations begin.

Don't be afraid to walk away from the table if you're not getting what you want. Remember, you're not obligated to accept any offer that's made. If the insurance company isn't willing to give you a fair settlement, your best option may be to file a personal injury lawsuit. However, this should only be done as a last resort after all other options have been exhausted.

8. File a lawsuit

This includes filing a lawsuit against the responsible parties. Before you can do this, however, there are a few things that you need to keep in mind. First, it is essential to understand the statute of limitations for your state, as this will determine how long you have to file your lawsuit.

Next, you will need to gather evidence to support your claim and any witness testimony that can corroborate your story. Once you have all of this information, you will be able to file your lawsuit and begin the process of seeking compensation for your injuries. While this may seem daunting, taking these steps will ensure you have the best chance of success in your injury claim.

9. Attempt mediation

This step is significant because it allows you and the other party to resolve the dispute without going to court. Mediation is a process where you and the other party meet with a neutral third party, called a mediator, to try to reach an agreement. The mediator will help facilitate discussion and will not decide on who is right or wrong. If you can resort to an agreement, you can avoid the time and expense of pursuing a trial. Even if you cannot reach an agreement, mediation can be beneficial because it can narrow the issues that must be prosecuted and result in a faster and cheaper resolution than going to trial.

How Long Do Injury Claims Take?

a personal injury lawyer analyzing a personal injury case — photo by **bruce mars**

The injury claims process can be long and complicated. But, the length of time it takes to resolve depends on several factors - the severity of the injuries, the number of parties involved, and whether or not the case goes to trial are all vital factors. Generally, injury claims take anywhere from a few months to several years to resolve. However, if you have been injured in an accident, it is significant to seek legal counsel as soon as possible, as there are deadlines for filing a claim. An experienced personal injury attorney will be familiar with the injury claims process and will work diligently to help you promptly get the compensation you deserve.

Why Hire a Personal Injury Claims Lawyer?

Has an accident that wasn't your fault left you hurt? If so, you may wonder whether or not to hire a personal injury lawyer. Here are four good reasons to consider hiring a personal injury lawyer to help with your injury claim:

1. A personal injury lawyer will have experience dealing with insurance companies. If you try to deal with the insurance company, they may take advantage of you and give you a low settlement offer. A personal injury lawyer will fight for a fair settlement.

2. A personal injury lawyer will know how to calculate the value of your claim. They will consider your medical bills, lost wages, and pain and suffering.

3. A personal injury lawyer will give you peace of mind. It can be hard to deal with a personal injury claim. Hiring a personal injury lawyer will allow you to focus on your recovery while they handle everything else.

4. You don't have to pay anything upfront to hire a personal injury lawyer. Most personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case.

If you've been injured in an accident, contact OUCH USA via email at hello@ouchusa.com or call us at +1-844-872-6824 so we can provide you with a personal injury lawyer today to find out how they can help you with your claim.

Step-by-Step Guide in Processing Personal Injury Claims