Guide to Filing a Personal Injury Claim

Unfortunately, personal injuries due to the negligence of others are very common. Every day, people are hurt in car accidents, in slip and falls, and due to medical malpractice, causing minor to major injuries and sometimes death. If you or a loved one has been the victim of someone else’s negligence, it’s important that you understand the process for how to be compensated for pain and suffering, lost wages, and medical costs.

Below we provide a quick guide on how to file a personal injury claim – both simple claims, which can often be resolved within a few months and complex cases that can take years to settle. We also explore factors, such as case complexity, insurance negotiations, and possible court appearances as they relate to personal injury law.

Please note the importance of working with an experienced personal injury lawyer. A personal injury law team brings the expertise needed to navigate legal procedures, maximize compensation, and handle paperwork, deadlines, and court filings.

7-Step Guide to Filing a Personal Injury Claim

The following information is designed to educate readers on the process for filing a personal injury claim. However, you should not go it alone. You should hire an attorney who focuses on personal injury law to ensure you receive what you’re entitled to under the law.

#1 Immediately Seek Medical Attention

If you’ve been in an accident and are injured, the first thing you have to do is get medical attention. It’s important to seek prompt care to treat your injuries and to prevent complications down the road.

After each doctor or care provider visit, be sure to keep a copy of your medical records. These records are essential for documenting your injuries and building a strong legal claim for compensation.

It’s also important that you follow your doctor’s prescribed treatment plan. This demonstrates your commitment to recovery and supports your claim to insurance and legal representatives of the guilty party.

#2 Contact an Attorney

Don’t just call the number of the back of the phone book, seek out a good personal injury attorney by reading reviews, asking for referrals, and even meeting in person before signing an agreement.

Most lawyers specializing in injury claims offer free consultations. Take full advantage of this by explaining the incident, the extent of your injuries, and questioning the tactics of one or more law firms. Then, choose the attorney who you feel best represents your needs.

When you meet with your legal team, bring all the paperwork and documentation you have to date, such as:

• Medical records
• Photos
• Witness statements
• Police reports
• Employment records (i.e., pay stubs or contracts)
• Receipts for out-of-pocket expenses
• Expert reports (i.e., medical specialists, law enforcement, and accident reconstruction investigators)

#3 Investigate the Claim

This is where a lawyer comes in very handy. A legal professional who handles injury cases knows how to thoroughly investigate your claim, begin the legal procedures, and effectively communicate what’s in your best interests to all parties involved.

Personal injury lawyers are experts at analyzing evidence, records, and witness statements and using this information to build your case. Furthermore, your attorney understands how to evaluate fault and calculate potential claim value. All of these further underscore the importance of working with an experienced representative.

#4 File a Demand Letter

After your attorney evaluates your case, the next step is to file a demand letter. This summarizes the incident, the extent of your injuries, medical expenses, and any other supporting evidence.

A demand letter is designed to outline compensation for the plaintiff. The defendant, or his insurance provider, can choose to accept the requested compensation, reject it, or propose a counter offer.

Keep in mind that insurance companies are concerned with one thing and one thing only, which is to reduce the amount of money they must payout on their customer’s behalf. It’s never a good idea to negotiate with an insurance representative directly as it could lead to less compensation than what’s fair for your situation.

#5 Negotiate a Settlement

Another reason you want to work with an established personal injury lawyer is to negotiate a settlement. Insurance wants to lowball you, but your lawyer wants to get you every last dime he can and will fight to get it.

Your case may involve multiple rounds of counteroffers, sometimes dragging out the timeline for compensation – a common insurance company tactic. Your lawyer can shut this down by ensuring back-and-forth discussions are limited, and each moves you one step closer to being compensated for your injury.

Settlements are not just about getting you money for what’s happened to you but also about getting compensation for future costs – medical care and long-term effects as a result of your accident.

#6 File a Lawsuit

If negotiations fail, the next move involves filing a lawsuit. Most cases do not reach this level as it’s generally not in the best interests, monetarily speaking, of the insurance company or guilty party.

When a lawsuit is filed, there’s a discovery phase, involving the exchange of evidence by both parties and taking depositions.

When a lawsuit is filed, it doesn’t necessarily mean the case is going to trial, as there are pretrial motions and often arbitration that can lead to a last-minute settlement.

#7 Go to Trial

When all else fails, your case will go to trial. At trial is where a legal representative is paramount, especially considering either a judge or jury is going to determine the outcome based on the evidence presented.

Depending on the circumstances of your case and regardless of the trial’s outcome, the judgment may not be the final word, as either party can file an appeal if they’re dissatisfied.

Final Thoughts & Takeaways From Filing a Personal Injury Claim

If all goes well, you are fully compensated for all of your pain and suffering, medical expenditures, and lost wages. The more severe the accident, the more money you are expected to receive. Your lawyer is entitled to a percentage of your compensation amount as a form of payment for their services. Attorney fees for personal injury claims are usually between 33 and 40 percent of the total sum. Many law firms operate on a no-win, no-fee agreement, meaning if you don’t receive any compensation, neither do they. However, any expenses incurred by your legal team are passed on. For example, if a law firm loses a contingency case but had to spend $1,000 to access medical records or to pay expert fees, the cost is passed on to the client.

Stinson Law Group Policy: If no recovery is obtained, no fee shall be payable to the attorney except for costs actually advanced by the attorney. Costs are all litigation expenses incurred in the prosecution of the case other than the attorney’s compensation.

Schedule a Free Consultation with a Personal Injury Lawyer Serving Montana & Wyoming

Remember, filing a personal injury claim is a complex, multi-faceted procedure that requires a qualified legal team, like Stinson Law Group. If you’ve been injured in Wyoming or Montana, contact our law firm to ensure you get the compensation you deserve.

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