Personal Injury: What it takes to bring your case to trial
Tags: personal injury claim settlement, personal injury insurance settlement |
If you've been injured due to someone's negligent behavior, there are a few key steps to take immediately following your injury. Filing a personal injury claim settlement with your insurance company may not turn out to be as successful as you have hoped, as it's their job to pay out as little as possible. You'll need expert representation when handling your personal injury claim settlement.
1. Hire an attorney.
It's critical to find an attorney to defend your rights and gain fair compensation for your personal injury insurance settlement. Click here to find tips on finding an attorney that will represent you fairly.
2. Submitting of demand notice to the insurance company.
Following hiring an attorney to help you with your personal injury insurance settlement, you may try to settle, without filing a lawsuit. Your attorney will need to send a demand letter to the insurance company. The attorney has to gather all medical records and bills related to the injury and determine to what extent your injury has affected your life by physical, emotional or financial means. The details gathered are then put into a letter suggesting a settlement for a specific dollar amount.
3. You wait for a response from your insurance company.
Most often, the demand is not accepted, unless the insurance coverage is smaller than the medical bills accrued. If this should occur, then the complaint is filed and litigation will begin. Now, it's time for both parties to gather more information about your case.
4. Discovery
The first phase of gathering info in your personal injury claim settlement that requires alot of effort on the plaintiff's part is "Interrogatories and Requests for Production of Documents". This is where a series of written questions must be answered under oath, and requests for documentation are made. These are usually concerning past work history, medical history, details of the injury and financial information.
5. Question and Answer Session
Next, a deposition will be taken, which is a question and answer gathering that gives the defense attorney the ability to ask questions of the plaintiff. The opposing attorney can talk directly to the plaintiff before trial, but this is the only time allowed for that. This can be the most stressful, yet critical discovery tool when handling your personal injury insurance settlement. Make sure your attorney has briefed you prior to your deposition, so you are fully informed.
6. Independent Medical Examination
Lastly, you may have to undergoe an independent medical examination (IME). This is where a doctor, hired specifically by the insurance company, will give you a thorough examination. They will ask you questions about your injury, perform a basic examination, followed by a report mentioning that the plaintiff is either not injured, misrepresenting the extent of their injuries, or has been over treated for their injuries. An attorney should warn his/her client of this, so they are prepared and attend the appointment in order to protect them from an overly intrusive and uncomfortable exam.
After this final step is completed and depositions have been taken, it is time to either settle or take the case to trial. Although litigation can be a difficult process, with the help of an attorney, it can be a much easier process.
The information contained in this article is not, nor is it intended to be, legal advice as Global Financial is not a law firm. You should always consult an attorney for advice regarding your individual situation.
Categories: personal injury claim settlement, personal injury insurance settlement